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(영문) 제주지방법원 2017.03.24 2016고단3014
게임산업진흥에관한법률위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant opened and operated a “D” illegal private server.

1. No person who violates the Act on the Promotion of the Game Industry shall engage in the business of exchanging or arranging exchange or re-purchase of tangible or intangible results, such as points obtained through the use of game water;

Nevertheless, from December 5, 2015 to July 21, 2016, the Defendant opened a private game server called "D (2, such as URL address F)" in Jeju-si E Apartment 601 (hereinafter referred to as "D") from December 5, 2016, and installed facilities to connect the game that altered the contents of the cryp game provided by the company, thereby allowing the game users to engage in the game that altered the contents of the cryp game. The Defendant issued 15,000 won after receiving 10,000 won from cash users who want to purchase the items, or delivered the game items to the game users who want to receive 50,000 won in cash and received 50,000 won and received 50,000 won in money, and delivered them to each member of the cryp, 70,000 won in total, or 308,000 won in the relevant game items.

Accordingly, the defendant committed an act of running the business of returning scores, which are intangible results obtained through the use of the above game water.

2. No person who violates the Copyright Act shall infringe upon any author's property right or other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution or lease, or preparation of a derivative work;

Nevertheless, on December 2015, the Defendant, a copyright holder of the online game, distributed some of the contents of the game program that he provided to the game by UN CCF, Inc., a copyright holder of the online game, not the regular game server operated by the copyright holder, but the Defendant.

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