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(영문) 부산지방법원 동부지원 2013.04.16 2012고단4125
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employee of “C”, the game room located in Busan Shipping Daegu, and D is an employee of the game room operating the above game room, and E is an employee of “the door room” for observing the entrance of the above game room.

1. No person who violates the Game Industry Promotion Act shall commit an act that undermines the distribution order of game products by providing game products for distribution or use, which have not been classified by the Game Rating Board, or by displaying or keeping such products for such purpose;

Nevertheless, from the end of July 201 to August 22, 30, 2012, the Defendant provided D and E with an unspecified customer who sought from the game machine 40 by using a game product “Yamato” and “Sato kings”, which was not classified by the aforementioned “C,” and “SB”, with the game machine 40.

2. The Defendant violated the Act on Special Cases Concerning the Regulation and Punishment of Speculative Acts, etc., with D and E, provided 40 games at the same time and at the same place as D and E, and provided 40 games to unspecified customers for use, thereby enabling customers to obtain books, which are automatically given free gifts, depending on the outcome of the game. The Defendant, while being aware that, in the warehouse in the place where the above businesses are located, money exchange of the books with 4,50 won per unit, he operated the business by using the speculative gaming machines.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 44 (1) 2 of the relevant Act and Articles 32 (1) 1 (the provision of a game product without classification), and Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. concerning criminal facts (the provision of a game product without classification), Article 30 (1) 2 of the Act on the Promotion of Alternative Game Industry (the provision of a game product), Article 32 (1)

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

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