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(영문) 창원지방법원 2014.09.16 2014고단1564
게임산업진흥에관한법률위반
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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 a person who operates a game room in the name of “C” in the first floor of the building located in Seongbuk-gu, Sungwon-si.

No one shall distribute or use game products, the contents of which are different from the contents of deliberation on the rating classification by the Game Rating Board, provide for the use thereof, display or keep such products, and no one shall exchange or arrange such tangible or intangible results obtained through the use of game products or repurchase such results as a business.

Nevertheless, from the beginning of December 2013 to January 14, 2014, the Defendant established an online game in PC 5 online in the instant game room. The Defendant: (a) provided customers with game money different from the contents classified by the Game Rating Board by having the customers directly charge the game; and (b) provided customers with the game money by calculating the points obtained by the customers as 10,000 won per cash by calculating the points obtained through the game in return for a fee-charging; (c) provided that the Defendant’s game product was deliberated to ensure that the results obtained from the winning of the game cannot be commercialized; and (d) had access to the manager page (D, E, password:F) using the Defendant’s smartphone; and (d) had the game money directly charge the game to the extent that it falls under cash received from the customers, thereby making the customers use the game products; and (d) deposited the game money as a business of arranging the exchange of the head of Tong by calculating the points obtained by the customers as 10,000 won per k.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Records of seizure, the list of seizure, and field photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Results of appraisal);

1. Relevant Article of facts constituting an offense, subparagraph 4 of Article 45, and Article 32 (1) 2 of the Act on the Promotion of the Alternative Game Industry (the point of providing game products, the contents of which are different from those of the game products classified), and

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