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(영문) 서울동부지방법원 2012.12.26 2012고단2085 (1)
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant and B conspired, from March 25, 2012 to April 26, 2012, while operating the game site without a mutual name on the second floor of the building in Gwangjin-gu, Seoul Special Metropolitan City, the Defendant and B provided 25 computers with “sea-to-face”, 10 computers with “sea-to-face”, and 14 computers with “B”, which are game products not classified in the above game site, with “sea-to-face”, and provided them with game products, and provided them with game products with 10% of the accumulated points calculated on the screen of the above game machine, and upon request of customers, exchanged an amount equivalent to the amount recorded on the card with which the remainder points calculated after deducting 10% of the accumulated points calculated on the screen of the above game machine, and the Defendant provided the employees with work in the above game site from April 23, 2012 to April 26, 2012, which was acquired through the use of game products without rating.

Summary of Evidence

1. Statement by the defendant in court;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Application of the respective Acts and subordinate statutes of D, E, F, G, and H;

1. Relevant legal provisions and the choice of punishment for facts constituting a crime: Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Game Industry, Article 30 of the Criminal Act, Article 44 (1) 2 and 32 (1) 7 of the Promotion of the Game Industry Act, and Article 30 of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Attraction of a workhouse: The time of and reflects on the facts of the crime for sentencing under Articles 70 and 69(2) of the Criminal Act; the degree of commission of the crime is minor; the profits earned by the crime appears to be little; circumstances favorable to the defendant, which have no record of punishment for the same kind of crime, shall be taken into consideration; and the punishment shall be determined as ordered in light of the age, environment, etc. of the defendant.

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