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(영문) 부산지방법원 2014.06.13 2014고단765
게임산업진흥에관한법률위반
Text

The defendant is innocent.

Reasons

1. Summary of the facts charged

A. The primary criminal defendant is a person who operates a “F” that assembles game flags, etc. in Macheon-si E.

On August 23, 2012, the Defendant, from G, a supplier of speculative game products, received the rating classification of the Game Rating Board, and received KRW 10 million as a down payment, along with a request to produce a “water-saving machine” game machine, which is a game dog opened and altered, and supplied the 20 game machine at the above F plant according to G’s instructions, and supplied it to the speculative game room where the trade name located in the Busan Young-gu is unknown.

As above, from August 23, 2012 to September 24, 2012, the Defendant received total of KRW 200,823,000 from the said G as the price for the production of the game machine, and produced and distributed total of KRW 839, such as “water height”, “H”, and “I,” which are speculative game products.

Accordingly, the Defendant conspired with G and distributed game products different from the contents of the rating classification.

B. The Defendant aided and aided the Defendant by facilitating the crime of G in the same manner as described in the foregoing paragraph (a).

2. The primary and ancillary facts charged are the same as the issue, and thus, are also viewed as the same.

Although the defendant produces and supplies a game machine at the request of G, he/she asserts that there is no fact that the game product was produced and supplied in collusion with G, with the knowledge of the circumstances where the game product was opened or altered, or the modification or alteration would be altered

Therefore, the key issue of the instant case is whether the Defendant conspireds with G for the production and distribution of game products, or at least whether the game machine produced by the Defendant was modified and distributed, thereby aiding and abetting it.

On the other hand, there are evidence of the prosecution, the same criminal records of the defendant, the summary of the oral argument of the J, and the suspect examination of the defendant by the prosecution.

However, the criminal records of the defendant are independently recognized.

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