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(영문) 서울북부지방법원 2013.08.23 2013고단1194
게임산업진흥에관한법률위반
Text

Defendant

A Imprisonment of 10 months, Defendant B’s imprisonment of 4 months, Defendant C’s imprisonment of 4 months, and Defendant D’s imprisonment of 6 months.

Reasons

Punishment of the crime

1. Defendant E, B, and C’s joint criminal conduct: (a) around April 2012, to April 24, 2012, Defendant E installed 30 game equipment, sn beam beaming project, etc., which did not receive a rating, in the first floor below H located in the Dobong-gu Seoul Metropolitan Government; and (b) Defendant B and C, who was employed by the said E as an employee, provided the said E with a right to use an amusement facility with 200 points per 10,000 won in cash from an unspecified customer; and (c) had the said customer play a game using the said right.

As a result, the Defendants conspired to provide game products which were not classified.

2. From the beginning of October 2012 to October 30, 2012, Defendant A employed Defendants B, C, and D as employees each at the places indicated in the foregoing paragraph (1), and installed 30 game equipment and consular agents, etc., which did not receive a classification, and Defendant A, B, and C entered 200 points per 10,000 won in cash from unspecified customers who found the said places, thereby allowing them to play a game. Defendant D put customers outside the said game site into the game site, and Defendant A took charge of viewing Defendant A as a game room in case where Defendant A had a game site.

As a result, the Defendants conspired to provide game products that have not been rated for use.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of the suspect by the prosecution against the defendant A, B, C, and D;

1. Written statements of J, K, L and M;

1. Each seizure record of the police;

1. Each photograph;

1. Coupon;

1. Application of statutes governing enforcement manuals;

1. Article 44 (1) 2 and Article 32 (1) 1 of the Act on the Promotion of Game Industry and Article 30 of the Criminal Act on the Selection of Relevant Acts and Punishments for Criminal Facts (Selection of Imprisonment with Labor), Articles 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. The community service order (the defendant A) under Article 62-2 of the Criminal Act;

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