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(영문) 의정부지방법원 2015.10.13 2015고단2374
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall provide game products not classified for use, or exchange the results of tangible or intangible obtained through the use of the game products.

Nevertheless, from the beginning of February 2015 to May 6, 2015, the Defendant established one game machine for a "mail posters", which was not classified in the "D party room" operated by the Defendant in both weeks from the beginning of February 2015 to the beginning of May 6, 2015, and provided it to unspecified customers for use, and exchanged the scores obtained by customers as KRW 10,00 per 50.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Articles 44 (1) 2 and 32 (1) 1 (the point of providing game products not rated) of the relevant Act on the Promotion of Game Industry concerning criminal facts, and Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act (the point of exchanging the results acquired through the use of game products);

1. Selection of each selective fine for punishment (at least three times of punishment for the same kind of crime, however, there is no previous record of suspension of execution or more, and that the physical posters game machine provided for the use of unspecified customers is only one, the profit gained by the instant crime is insignificant, and the economic situation is difficult for the disabled of class コ with the physical disability cut off by three fingers, etc., taking into account the fact that the game machine installer’s proposal led to the instant crime under the circumstances where economic situation is difficult for the disabled of class コ with the physical disability cut off);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The former part of Article 44 (2) of the Confiscation Industry Promotion Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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