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(영문) 수원지방법원 2016.05.19 2016고정447
게임산업진흥에관한법률위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A on October 27, 2009, on the grounds of violation of the Act on the Promotion of Game Industry in the Sungnam branch of Suwon branch of Suwon branch of Korea, sentenced 4 months of imprisonment and 2 years of suspended execution on November 4, 2009, and the above judgment was finalized on November 4, 2009. On September 24, 2009, Defendant B was sentenced by the Seoul Central District Court of Seoul for 8 months of imprisonment and 2 years of suspended execution on December 11, 2009.

On December 2, 2008, the Defendants: (a) around December 2, 2008, Defendant B prepared costs for the purchase of game products that were not classified as ratings; and (b) Defendant A recruited users to manage the game forum by collecting users and conducting business.

According to the above public offering, Defendant B provided Defendant A with the cost of KRW 4 million in return for receiving 30% of the operating profit of the game room. Defendant A, according to the above public offering, installed 40% of the sea-going game machine, which was not classified on the second floor of the building located in Songpa-gu Seoul, Songpa-gu, Seoul.

As such, the Defendants conspired to store game water for the purpose of providing the game water that was not classified as rating.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A protocol of seizure and a list of seizure;

1. An explanatory note;

1. Field control photographs;

1. Previous convictions in judgment: Inquiry about criminal history and the application of the text of the Acts and subordinate statutes of Suwon District Court Decision 2010No. 2214;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning facts constituting a crime: The Defendants shall be punished by a fine under Articles 44(1)2 and 32(1)1 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, and each subparagraph of a fine under Article 44(1)2 of the same Act;

1. The Defendants who commit concurrent crimes: the latter part of Article 37 of the Criminal Act: Article 39(1) of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 44 (2) of the Game Industry Promotion Act;

1. Defendants of the provisional payment order: Reasons for sentencing of Article 334(1) of the Criminal Procedure Act.

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