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(영문) 광주지방법원 2018.05.04 2018고단916
게임산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. No person who provides game water not classified as a rating shall provide such game water for the distribution or use, or display or store for such purposes, of game water not classified by the Game Water Management Committee;

Nevertheless, from October 30, 2017 to November 14:30, 2017, the Defendant installed 23 games of “Yamamato” on the second floor of the building located in Gwangju North-gu, Gwangjubuk-gu, and offered them for use, or displayed and stored for this purpose.

As a result, the Defendant provided game water that was not classified into classification for use, or displayed and stored for this purpose.

2. No money changers shall arrange for money exchange or exchange or repurchase intangible results obtained through the use of game products for a business;

Nevertheless, the defendant operated the game hall at the time and place mentioned in Paragraph 1, and exchanged the scores obtained by customers through game water at KRW 10,000 per 1,00.

Accordingly, the defendant was a business to exchange tangible and intangible results obtained through the use of game water.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A protocol of seizure and a list of seizure;

1. The application of Acts and subordinate statutes to report internal investigation (related to the attachment of photographs) and investigation reports (related to the response of results of appraisal);

1. Article 44 (1) 2, Article 32 (1) 1 (a) of the Act on the Promotion of Game Industry (a point where the rating is not classified) concerning criminal facts, and Articles 44 (1) 2 and 32 (1) 7 (a) of the Game Industry Promotion Act (a point where the game results are exchanged);

1. Selection of each sentence of imprisonment;

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

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

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

1. The former part of Article 44 (2) of the Confiscation Industry Promotion Act;

1. Collection;

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