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창원지방법원 통영지원 2016.02.17 2015고단1207
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

Criminal facts

No one shall provide game water different from the rating classified by the Game Water Management Committee for use, and no one shall exchange or arrange for exchange or re-purchase of tangible or intangible results obtained through the use of game water.

From July 28, 2015 to September 14:10, 2015, the Defendant: (a) within the C Gameland located in Scam B; (b) from the around July 28, 2015 to September 23, 2015, the Defendant made the game automatically run without any separate pressing manipulation in the game machine 2 (Class Classification Number:CC-NA-120120-02) the game products rated by the Game Water Management Committee; and (c) made the game automatically run in the way of giving 10% of the profits acquired by the customers by converting the points corresponding to a half of the points acquired by the customers into the game machine; and (d) made it possible to convert the game products opened from the normal game into the altered game, the Defendant used the intangible and intangible game products acquired by using the game products in the way of giving them the remaining amount after deducting 10% of the profits obtained by the customers under the pretext of the commission.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Reporting on the arrest of the case;

1. Answer of the result of enforcement support;

1. Seizure records;

1. The tear tear sheet;

1. Application of statutes on site photographs;

1. Imprisonment with prison labor for a crime under Article 44 (1) 2, Article 32 (1) 7 (the point of a money exchange business), Article 45 subparagraph 4, and Article 32 (1) 2 (the point of provision of game products different from the classification of the rating) of the relevant Act on the Promotion of Game Industry, and for each option of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 44 (2) of the Confiscation Industry Promotion Act and Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment recommended according to the sentencing criteria;