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(영문) 서울중앙지방법원 2014.04.08 2014고단1129
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. In spite of the fact that no one can provide a game product classified by the Game Rating Board for use, the Defendant installed 38 game software 38 game equipment, which is a game product not rated by the Game Rating Board, from January 13, 2014 to February 22, 2014, and provided 14 users, such as C, who were customers who found the game site.

2. In spite of the fact that anyone is prohibited from exchanging, exchanging, arranging the exchange or re-purchase of tangible and intangible results obtained through the use of a game product, the Defendant exchanged the tangible and intangible results obtained through the use of the game by paying cash of 5,000 won per 10 points obtained from the game to the customers running the game of “Yatoma”, such as C, at the date and place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Written statements of C, F, G, H, I, J, K, L, M, N,O, P, Q and R

1. Police seizure records;

1. Application of each statute on photographs;

1. Punishment of a crime under Article 44 (1) 2, Article 32 (1) 1 (the point of using or providing a game product not rated), Article 44 (1) 2, and Article 32 (1) 7 of the Act on the Promotion of Game Industry (the point of exchanging results acquired through the use of game products) and the selection of imprisonment with labor for each type of crime;

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;

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

1. The crime of this case on the grounds of sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry and Article 48(1) of the Criminal Act requires strict responsibility for the crime of this case, such as promoting the gambling spirit of the people and undermining the desire to work in a sound manner. However, although the defendant is breaking his mistake, the defendant is breaking his mistake, and around 10 years ago.

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