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(영문) 서울중앙지방법원 2013.12.20 2013고정6396
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

A person who intends to conduct a juvenile game providing business shall be equipped with the facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the competent authority, and no game products related business entity shall promote speculation by providing free gifts, etc.

Nevertheless, the defendant does not register with the competent authority, but from May 30, 2013, the same year.

8. From 308:31, up to 308:31, a game machine, which was rated as a game product by the entire use in the street of Dongjak-gu Seoul Metropolitan Government, was set up, and then, a game was put into a game machine by 1,000 won per game for many unspecified customers who passed the game, and the said customer provided free gifts such as a helicopter model of 9,000 won per game.

Accordingly, the Defendant promoted speculation by providing juvenile game providing business at the same time without registering with the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Hearing statements by a suspect (referring to the types of compacts and prices);

1. Photographs of a game machine;

1. Application of the statutes on the determination of game product classification;

1. Article 44 (1) 1-2, subparagraph 3 of Article 28 of the relevant Act on the Promotion of the Game Industry (referring to the promotion of speculation by providing congratulationss, etc.), subparagraph 2 of Article 45 of the Game Industry Promotion Act, and Article 26 (2) of the relevant Act on criminal facts (referring to the conduct of juvenile game providing business without obtaining permission);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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