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(영문) 부산지방법원 2013.03.13 2012고단9527
게임산업진흥에관한법률위반
Text

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

2. Seized evidence as provided for in subparagraphs 1 through 6 shall be confiscated;

Reasons

Punishment of the crime

On July 5, 2011, the Defendant was sentenced to a suspended sentence of 6 months in Busan District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the said judgment becomes final and conclusive at that time, and is currently under the grace period

From June 2, 2012 to June 16:30, 2012, the Defendant operated a game room without trade name on the 3rd floor of Busan Western District from around June 2, 2012, and exchanged KRW 18,000,00 after deducting 10% of commission fees from 20,000 won for customers, to many unspecified customers, such as C, D, E, and F.

As a result, the defendant provided game products that have not been classified for use, and exchanged the points obtained through the use of game products for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of G and H:

1. Each statement of C, D, E, and F;

1. Protocols of seizure, list of seizure, submission at will, and waiver of ownership;

1. Requests for appraisal of game products and replys on the results of appraisal;

1. Previous records of judgment: Application of criminal records, etc. inquiry inquiry reports (A)-related Acts and subordinate statutes;

1. Article 44 (1) 2 of the relevant Act on the Promotion of Game Industry and Article 32 (1) 1 (which provides game products not rated) concerning facts constituting a crime, and Article 44 (1) 2 of the Game Industry Promotion Act and Article 32 (1) 7 of the same Act (the provision of game products exchanged as a result of a game);

1. Selection of each sentence of imprisonment;

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

1. The reasons for sentencing under Article 48(1)1 of the Criminal Code for forfeiture shall be considered as favorable circumstances, such as the fact that the defendant acknowledges and reflects the crime, and that there is no record of criminal punishment for the same kind of crime. However, it is actual as a unemployment share.

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