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(영문) 부산지방법원 2013.09.26 2013고단2165
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant: (a) installed game products on C and on computers; and (b) operated an illegal game room; and (c) conspired to divide the profits therefrom.

From January 9, 2012 to December 27, 2012, the Defendant: (a) provided an unspecified number of customers, such as F, G, H, I, and I, with a game site without a trade name of approximately 25 square meters in Busan (hereinafter referred to as “the president for management”); and (b) provided an E with a prompt name “the president for management”; (c) provided a game site management and exchange; and (d) provided a total of 23 computers with 16 game products “Ytoma” which were not classified by the Game Rating Board; and (d) exchanged the place for the use of many unspecified customers, such as F, G, H, I, and I, with a fee of KRW 500 per point obtained by customers through the use of game products.

In collusion with the above C and E, the defendant provided game products not classified by the Game Rating Board for use, and exchanged the points obtained through the use of game products for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each interrogation protocol and copy (includingC statements) of the defendant and E by the prosecution;

1. Each prosecutor's statement and copy of E and C;

1. A copy of each statement of F, G, H, and I;

1. Copies of police seizure records;

1. Data on requests for sending a meeting book, requests for provision of communications data and replies;

1. Indictment, petition of appeal, judgment, protocol of trial, and statement of grounds of appeal;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a statement of grounds for appeal, etc.);

1. Provision of use of game products of which relevant law is not classification of facts constituting a crime: Article 44 (1) 2 and Article 32 (1) 1 of the Game Industry Promotion Act; Article 30 of the Criminal Act: Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act; Article 30 of the Criminal Act;

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

1. The defendant under Article 62(1) of the Criminal Act is suspended of execution.

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