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(영문) 서울중앙지방법원 2014.06.17 2014고단2288
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

No person shall provide game products for distribution or use which have not been classified, or display or keep them for such purposes.

On February 2, 2014, the Defendant was requested to establish a esnet E’s game work program without being classified on computers equipped with “F” games of the first floor underground of Seongdong-gu Seoul, Seongdong-gu. On the 10th of the same month, the Defendant installed the “esnet Scot” game program at 30 units of the game machine and received KRW 4 million from the game room business owner G.

In addition, the Defendant distributed game products that did not receive any grade by installing a “Asnet Esnet Ecot game program” to the game room operators three times from October 15, 2013 to February 10, 2014, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. A written statement of I;

1. Statement of seizure of each police;

1. Investigation reports (specific game places where game software programs are installed);

1. Inquiries about rating classification, and copies of business account books;

1. Application of each statute on photographs;

1. Article 44 (1) 2 and Article 32 (1) 1 of the Act on the Promotion of the Game Industry concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 48(1) of the Criminal Act is not likely to be a crime in light of the fact that the defendant distributed illegal game products for the purpose of pecuniary gain and thereby has a great social harm. However, the crime of this case is committed in addition to the one-time suspension of indictment.

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