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(영문) 대전지방법원 2016.04.21 2015고단4215
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who sets up five computers on the Seo-gu, Seo-gu, Daejeon and the first floor and operates a room in the trade name of “C”.

From September 3, 2015 to December of the same month, the Defendant: (a) around September 3, 2015, in order for unspecified customers, who found their places, to use game water, such as the sacker of the Internet “D” site classified by the Game Water Management Committee as a rating; and (b) had customers join the said site and purchase the game money and allow them to use the said game water; (c) unlike the contents of the rating classification, the Defendant entered the ID and password created in advance by receiving cash from the customers; and (d) filled the game money by using the manager page; and (e) let customers enter the game room that they want, and enter the game room, and made them use the game money, such as flass and the above flass.

As a result, the defendant provided game water different from the game water classified by the game water management committee for customers' use.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Protocols of seizure, list of seizure and evidence of seizure;

1. Copy of the control report on the public morals place;

1. A report on investigation;

1. Information and replies about requests for appraisal of game products and replies regarding the results of appraisal of game products;

1. Receipts:

1. Application of the photographic Acts and subordinate statutes;

1. Article 45 of the relevant Act on criminal facts and Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of the Alternative Game Industry (Selection of Imprisonment with labor);

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the defendant is the time of and against the crime of this case, the defendant does not have the same criminal record, the period of the business of this case is not long and there are no profits therefrom; the defendant discontinued the business of this case; the defendant has no criminal record exceeding the fine; and the defendant has no criminal record other than the defendant's age, sex behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are recorded and recorded.

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