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(영문) 대구지방법원 서부지원 2015.06.19 2015고단552
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

No one shall provide game products for distribution or use, the contents of which are different from the contents of the rating classification obtained by the Game Products Management Committee, or display or keep such products for such purposes, and exchange, arrange exchange or repurchase such tangible or intangible results obtained through the use of the game products for business purposes.

Nevertheless, from December 20, 2014 to January 9, 2015, the Defendant: (a) at the “C Game Center” located in Gandong-gun, Gandong-gun, Gandong-gun; (b) unlike the contents of the rating classification, the Defendant opened four business servers inside the game machine; (c) opened four separate settlement windows; and (d) installed 20 types of “Eandong-gun,” which generate points in a separate settlement window after the appearance of a specific video; and (d) provided customers who find the game to make it available for the game; (e) issued one gift ticket per one gift ticket and deducted 500 won, which is an exchange commission of 10% for each gift ticket, from the use of the said game machine; and (e) exchanged the said game products into 4,500 won; and (e) acquired KRW 478,100,500,000,000 won for customers using the said game products during the business period.

As a result, the defendant provided game products with contents different from the contents of the rating, and exchanged tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Report on internal investigation (verification, etc. of the rating classification of game products);

1. Game description;

1. Review of the result of enforcement support;

1. Application of Acts and subordinate statutes on gift coupons;

1. Relevant legal provisions concerning criminal facts, subparagraph 4 of Article 45, Article 32 (1) 2, Article 44 (1) 2, and Article 32 (1) 7 of the Act on the Selection of Game Industry, and Selection of Imprisonment with labor;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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