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(영문) 창원지방법원 2013.11.19 2013고단3038
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

No one shall provide game products not classified by the Game Rating Board for use, and even when he/she does not engage in business of exchanging tangible or intangible results obtained through the use of game products, the defendant in collusion with D, E, and F, from March 19, 201 to the same month.

5. From December to December, 12, in the game room where the Gags of Changwon City had no trade name in No. 402, Defendant and D invested funds, and in the above place, E, F used 30 game products “Yamato” without being classified by the Game Rating Board to provide customers for their use, and the customers exchanged the points obtained through the use of the above game in cash except for exchange fees.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of the prosecution against E, D, and F;

1. The police statement of H;

1. Application of Acts and subordinate statutes to investigative reports (to attach CDs to the investigation details related to the I.S. call recording);

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Game Industry Selection of Punishment, Article 30 of the Criminal Act ( point of using and providing game products not rated), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, and selection of imprisonment, respectively;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The crime related to the use and provision of illegal game products for sentencing under Article 62-2 of the Social Service Order Criminal Act and the operation of the illegal game room is highly harmful to the society by encouraging speculation and impairing the sound sense of work, and thus, it is necessary to strictly punish the game room of this case.

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