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(영문) 서울동부지방법원 2021.01.12 2020고정970
게임산업진흥에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is an employee in the game room of "C", and Defendant B is an employee in the game room of "C".

No person shall provide information on the distribution or use of a game product different from the content of the rating, or display or store such product for such purpose.

Nevertheless, at around 14:30 on June 8, 2020, the Defendants received KRW 50,00 from Defendant A, the “C” game operated by Defendant A in Gwangjin-gu, Seoul, and the police officer E and policeman F, respectively, and provided them with “CC-NP-19113003” game material installed. At the time of classifying the class, the Defendants provided ID to the above police officers, while allowing them to exchange the game machine only by indirect charging method via the game site, they provided 5,50 full marks (the so-called blood transfusion method) (1,00,00 full marks per 10,000 won, 50 full marks per 10,000 won).

As a result, the Defendants conspired to provide or display game water different from the rated content.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made with respect to G and H;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to investigative reports (rating classification of grades and attaching game explanation);

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 45 subparag. 4 and 32 subparag. 2 of the Game Industry Promotion Act, Article 30 of the Criminal Act, and the choice of fines, respectively;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. A defendant who has been confiscated: Article 48 (1) 1 of the Criminal Act;

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

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