A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is the game room business owner operating the game room with the trade name called C from the second floor of Geumcheon-gu Seoul Metropolitan Government.

No one shall distribute, provide for use, exhibit or keep game products with the contents different from those of the game products the rating classification of which is obtained, and shall arrange exchange or exchange the results of tangible or intangible results obtained through the use of the game products or engage in business of repurchase.

Nevertheless, from June 4, 2018 to July 3, 2018, the Defendant established 60 game machine for the game of “nuclear diving”, which was rated by the entire use, as it did not have any separate device to read data on an IC card other than the game machine, at the above game room from around June 4, 2018, and from July 3, 2018, the Defendant provided information on the IC card using separate external smartphones and cards (genders) unlike the contents at the time of the rating review, and exchanged the said game product in cash after deducting 10% from the points obtained when customers visiting the game room request exchange.

As a result, the defendant provided game products different from the contents of the classification to customers for use, and exchanged tangible and intangible results obtained through the use of game products as a business.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Records of seizure and the list of seizure;

1. Each statement;

1. A report on internal investigation (related to the total settlement details from 1 to 60 nuclear diving games installed inC);

1. Application of Acts and subordinate statutes to investigation reports (field conditions and site photographs);

1. Relevant Article of facts constituting a crime and Articles 44 (1) 2 and 32 (1) of the Act on the Selection of Punishment and Promotion of Game Industry;