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(영문) 창원지방법원 2019.10.02 2019고정444
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall distribute or use a game product not rated as an act undermining the distribution order of a game product, provide for the distribution or use thereof, display or keep such a game product, and exchange or arrange for exchange or repurchase of any tangible or intangible result obtained through the use of the game product or engage in a business of repurchase thereof.

From May 7, 2019 to 16:00 of the same month, the Defendant: (a) installed 12 units of “matoma game machine” which was not classified by the Game Management Committee; (b) provided to the unspecified number of customers who found the place; (c) obtained points in the event of winning according to the performance; and (d) lost points in the event of winning; and (e) exchanged points 5,000 won per point.

As a result, the defendant provided game products that have not been rated for use, and exchanged tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of prize photographs), report of internal investigation (involuntary opening of entrance and exit, details of seizure of game machines);

1. Relevant legal provisions concerning facts constituting an offense, Articles 44 (1) 2 and 32 (1) 1 (the point of providing an ungrade game product) of the Act on the Promotion of the Game Industry, Articles 44 (1) 2 and 32 (1) 7 (the point of providing an ungrade game product) of the Act on the Promotion of the Game Industry, and the selection of fines;

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 to attract a workhouse;

1. 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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