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(영문) 부산지방법원 2013.10.01 2013고단2844
게임산업진흥에관한법률위반
Text

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

The items 1 through 7 of seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is a business owner who operates a non-registered game site on the first floor of Busan Seo-gu C with no trade name.

A game products related business entity shall not have others engage in gambling or other speculative acts using a game product, nor leave them to do so, and no one shall distribute or provide a game product the rating classification of which has been refused, or display or keep for the purpose of providing for distribution or use, or exchange or arrange for exchange or repurchase of tangible or intangible results obtained through the use of the game product or conduct business.

Nevertheless, from January 9, 2013 to 17:50 of the same month from January 17, 2013, the Defendant provided an unspecified customer with PC 14 game products, which are game products refused to be classified in the above game area, for use by using PC 14, which are game products, and provided a speculative act by using game products. The Defendant provided a betting amount to the customer and provided a betting amount to the PC, and then exchanged the amount to be settled to the management PC by the customer as a result of the game.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing appraisal and reply;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 1, 28 subparagraph 2 (the point of provision of game products) of the Act on the Promotion of the Game Industry, Articles 44 (1) 2 and 32 (1) 1 (the point of provision of game products) of the Act on the Promotion of Game Industry, and the choice of imprisonment (the social harm and harm of the crime of this case, the status of the defendant as the owner of the business, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. It is so decided as per Disposition on the grounds of Article 48(1)2 and (2) of the Criminal Act, Article 44(2) of the Game Industry Promotion Act and Article 44(2) or more of the Act;

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