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(영문) 창원지방법원 마산지원 2016.09.20 2016고단392
게임산업진흥에관한법률위반
Text

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

Reasons

Punishment of the crime

The Defendant, as a real proprietor of an unincorporated game hall in the Changwon-si E and the third floor, took charge of the operation of the game hall, and F, as a “the chief president of the branch president” in the term of the above game hall, took charge of the role of operating the game hall and exchanging the game to customers.

No one shall provide game water not classified as a rating by the Game Water Management Committee for the use thereof, or exchange the tangible or intangible results obtained through the use of game water.

Nevertheless, the Defendant, in collusion with F on March 18, 2016 from around 18:00 to March 23:50, 2016, set up 23 games of “multi-class” without being classified in the above game, and had many unspecified customers who find the above game play the game, and exchanged the remaining amount excluding 10% of the fee, out of the fee obtained by the customers through the game.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect concerning F by the prosecution;

1. Each statement of G, H, I, J, K, L, and M;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes on response as a result of appraisal;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Alternative Game Industry, Article 30 of the Criminal Act (the use of game products not classified as rating), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, and each choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment for a period of eight months to two years; and

(a) Basic crime: A violation of the Act on the Promotion of Game Industry due to the provision of a game product that is not classified as a class [the scope of recommendations] 3 types, such as the provision of an illegal game product for the use of the game product (the speculative business, etc. for the use of the game product) ( August to January 6) in the basic area (the person subject to special sentencing];

(b) concurrent crimes;

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