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(영문) 부산지방법원 2019.07.12 2019고단1934
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a business proprietor operating a “C Gameland” on the building B in Busan Jung-gu and the second floor.

No one shall provide game products for the distribution or use, the contents of which are different from those classified by the Game Products Management Committee, or display or store them for such purposes.

Nevertheless, from September 1, 2018 to September 7, 2018, the Defendant had 30 games classified by the Game Management Committee in the above gameland, unlike the contents of the rating, there is a separate scores system based on a specific background screen, and the contents were installed in an open and altered state so that it can obtain osper cards, which are important elements of the game work, to allow many unspecified customers to use the said game machine.

As a result, the defendant provided game products with contents different from the classification.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of detection of a place of business violating laws;

1. Records of seizure and the list of seizure;

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

1. Relevant Article of facts constituting a crime and subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Punishment and Promotion of Game Industry;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 44 (2) of the Act on the Promotion of Confiscation Industry;

1. The sentencing grounds under Article 334(1) of the Criminal Procedure Act include the Defendant’s confession and reflective attitude, and the Defendant’s period of operation of the game room is relatively long, and the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. are considered, and the sentence as ordered shall be determined in light of various circumstances, which are the conditions for sentencing as indicated in the argument of the instant case,

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