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(영문) 서울서부지방법원 2017.05.11 2017고정194
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to run a juvenile game providing business shall be equipped with facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and shall register with the competent authority.

Nevertheless, the Defendant did not register with the competent authority on October 10, 2016, from October 201 to October 20, 2016, set up one game machine of Eunpyeong-gu Seoul Metropolitan Government “LOVPH” rating “LOVPH” in the front way of Eunpyeong-gu, Seoul, and made unspecified customers input and use KRW 1,00 per game.

Accordingly, the defendant is running a unregistered game providing business.

Summary of Evidence

1. Statement by the defendant in court;

1. Determination of the classification of water levels of games, and application of statutes on site photographs;

1. Article 45 subparagraph 2 of the relevant Act on the Promotion of Game Industry and Article 26 (2) of the relevant Act on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order recognize and reflects the instant crime, there are many criminal records that the Defendant was punished for the same kind of crime. In particular, the Defendant committed the instant crime while he was indicted for the same crime in September 2016 (Seoul Northern District Prosecutors' Office 2016No. 49376, Seoul Northern District Prosecutors' Office 2016, No. 36255, Seoul Western District Prosecutors' Office 2016), and other various sentencing conditions, such as the Defendant's age, sex, environment, etc., shall be determined as the same as the order.

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