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(영문) 인천지방법원 2016.01.15 2015고정2861
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who operates a “DPC room” in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon.

No one shall provide information on the distribution or use of, or display or keep for, a game product with a content different from the rating obtained from a game product grade member's meeting.

Nevertheless, from June 10, 2015 to July 1, 2015, the Defendant allowed customers to have access to the said game without real name certification, and then allowed customers to directly charge KRW 10,000 per cash amount of KRW 10,000.

2. No money exchanger shall engage in business of exchanging or arranging money exchange or re-purchase of tangible or intangible results obtained through the use of game water.

Nevertheless, the defendant, for the above period, has been engaged in the business of exchanging tangible and intangible results obtained through the use of game water by exchanging the game money to 10,000 won per 10,000 won when customers request to exchange the game money in the same place as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol of seizure and a list of seizure;

1. Application of the video CD-related Acts and subordinate statutes

1. Subparagraph 4 of Article 45 of the relevant Act on the Promotion of Game Industry and Article 32 (1) 2 of the same Act on criminal facts (the point of providing game water with the content of the rating, the choice of fines), Articles 44 (1) 2 and 32 (1) 7 (the point of exchanging the result, the choice of fines) of the Act on the Promotion of Game Industry;

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

1. Article 70(1) and Article 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 provides that a provisional payment order shall be issued.

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