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(영문) 대구지방법원 2015.09.15 2015고단2906
게임산업진흥에관한법률위반
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Seized evidence as referred to in subparagraphs 1 through 7 shall be confiscated;

Reasons

Punishment of the crime

No one shall distribute game products the rating classification of which is refused because they constitute speculative game products, display or keep them for the purpose of providing for use, and exchange tangible or intangible results obtained through the use of game products as a business.

On December 17, 2014, from around December 24, 2014 to around December 24, 2015, the Defendant set up 40 game machine for the sea-to-land game which was refused to be classified in B-to-land B-to-land and provided 10% for the use of the said game, and exchanged 9,000 won, excluding 10% per 10,000 points obtained through the use of the said game.

As a result, the defendant provided a game machine whose classification was refused and exchanged the result of tangible or intangible obtained through the use of game products as a business.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, and F;

1. Application of Acts and subordinate statutes to report internal investigation (related to intelligence and receipt) and documents attached thereto (No. 8 through 10 annexed to evidence);

1. Article 44 (1) 2 and Article 32 (1) 4 of the relevant Act on the Promotion of Game Industry (the point of providing game products, the classification of which is refused), Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act on criminal facts;

1. Selection of each sentence of imprisonment;

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

1. Reasons for sentencing under Article 44(2) of the Game Industry Promotion Act and Article 48(1)1 of the Criminal Act - The reason for sentencing - No favorable circumstances: Contrary to reflectivity, and no previous conviction; - Unfavorable circumstances: The contents of the crime as the business owner running an illegal game room, and seven times before and after the sentence, etc. due to the crime of this kind - Other factors such as the defendants’ age, character and conduct, health conditions, home environment, motive, means, consequence, circumstance after the crime, etc. are considered.

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