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(영문) 의정부지방법원 고양지원 2018.05.10 2018고단99
게임산업진흥에관한법률위반
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall distribute computer programs, apparatus or device not provided or approved by a game water-related business entity for the purpose of interfering with normal operation of game products, or produce them for their distribution.

Nevertheless, on December 3, 2016, the Defendant produced “Ek automated Program”, which is an automated program that allows users of “Leng 2”, a mobile game operated by the Net Game Business Company, to repeat any specific act such as match automatically, even if he/she did not make any operation at all times, at the place of the Defendant’s residence located in Seoul Special Metropolitan City, Gwanak-gu D and 201. The Defendant was engaged in business on the Internet site (F) operated by the Defendant, and was transferred KRW 30,00 won to the Defendant’s Defendant’s wife G bank account, and had H receive the aforesaid automated program from the above website to download it from the above website to use it, and distributed the program to an unspecified number of unspecified users, 290 and 50 won, including the aforementioned program, from around that time, to September 8, 2017.

As a result, the Defendant produced and distributed the above automation program, which is a computer program that obstructs the normal operation of a game that was not provided or approved by the Net Game Business Company, as a game water-related business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of the G-name financial transaction details of the bank account in the name of G and the statutes governing the profits from suspect submission;

1. Relevant legal provisions concerning criminal facts, Articles 46 subparag. 3-2 and 32 subparag. 8 ( point of production and distribution of unregistered computer programs) of the Act on the Promotion of respective Game Industry and the Selection of Imprisonment with prison labor;

1. The aggravated Criminal Act for concurrent crimes.

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