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(영문) 청주지방법원 2019.10.10 2019노267
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s evidence Nos. 11 (80 games), and Nos. 12 (120 games) (20 games), which had been misjudgmented or confiscated by mistake of facts or misapprehension of legal principles, are not owned by the Defendant, nor owned by the Defendant. In addition, even though the Defendant or H did not alter or alter the program of the game machine differently from the game classification certificate, it is difficult to readily conclude that the above game product is owned by H, and the lower court recognized it as illegal game products solely on the ground that the game product has a function different from that of the game classification certificate, and sentenced the Defendant to forfeiture of the above game product by misunderstanding of facts or misunderstanding of legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (one year and suspension of execution, two years of imprisonment, community service, 200 hours, confiscation, and additional collection) of unfair punishment is unreasonable.

B. Defendant B (unfair punishment)’s imprisonment (one year of imprisonment and two years of suspended execution, community service 200 hours, confiscation) of the lower court is too unreasonable.

2. Judgment on the mistake of facts or misapprehension of legal principles by Defendant A

A. According to Articles 32(1)7 and 44(1) and (2) of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”), a person who conducts a business of exchanging or arranging money or repurchaseing tangible and intangible results obtained through the use of a game product shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won, and the game products owned or occupied by the person corresponding thereto shall be confiscated, and if confiscation is impossible, the equivalent amount shall be collected.

In light of the legislative purport of the Game Industry Promotion Act, such as the contents of each of the above provisions, the eradicating of speculative game products, and the creation of a healthy game culture, it shall be acquired through the use of game products in violation of Article 32(1)7 of the Game Industry Promotion Act.

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