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(영문) 대전지방법원 천안지원 2016.05.20 2015고단1781 (1)
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

B is an operator of the "D Game Center" located in the Northern-gu C and the second floor in the Yananan-si, and Defendant A, as an employee, was in charge of the customer reputation, etc.

No person shall provide game products that are different from the contents of the rating for the distribution or use thereof.

Defendant, from February 2, 2015 to February 2, 2015, the same year

5. From the end of 30:22:16, the game automatically started without the user’s manipulation, unlike the contents of the rating of the game machine “ice stick” which is a game used for the entire use, and the game automatically started without the user’s manipulation, and provided 50 players with the “ice stick” game that is modified automatically to be emitted. As an employee, the game manager and the customer’s heart were in charge.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Written self-sufficiency of G, H, I, and J;

1. Police seizure records;

1. On-site photographs;

1. A statement of contents of a game, a statement of results of appraisal of a game machine, and a report on results of analysis of digital evidence;

1. A copy of each bankbook, a copy of telephone call details, a copy of each lease contract, and a reply based on land data;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 45 subparag. 4 and Article 32 subparag. 2 of the Act on the Promotion of the Game Industry, Article 32 subparag. 1 of the Criminal Act, Article 32 subparag. 1 of the Criminal Act, and selection of fines concerning criminal facts;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires strict punishment as impeding the people’s sound sense of work. However, the punishment as ordered shall be determined by taking into consideration favorable circumstances, such as the circumstance unfavorable to the people, the defendant’s primary offender, the defendant's awareness of the crime and the mistake, and the degree of the employee's participation in the crime is minor.

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