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A defendant shall be punished by imprisonment for not less than eight 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 exchange or arrange for exchange or exchange or repurchase results obtained through the use of game products, or conduct a business of repurchase, or distribute, provide for use, display or keep game products with contents different from the game products rated.
1. From May 19, 2015 to August 18, 2015, the Defendant: (a) installed eight computers with “337 Magazines,” which are illegal game products opened and altered from “DPCs” on the 31st floor of Jeju City from May 19, 2015 to August 18, 2015; and (b) provided a pre-paid card to customers by customers who purchased pre-paid cards from employees of the said game industry, using “management program” that did not receive a rating from the Game Management Committee when they presented pre-paid cards to the Defendant, the Defendant provided game money to customers and exchanged the remaining points after the game into cash using the said program.
2. On August 19, 2015, the Defendant, from around August 19, 2015 to October 12, 2015, operated an illegal game room business by changing the trade name from the above place to “EPC” in the same manner as paragraph (1).
As a result, the defendant committed an act of mediating exchange of tangible and intangible results obtained through the use of game products, and provided game products with contents different from the game products rated.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement concerning F;
1. A written statement prepared by G;
1. A report on the analysis of digital evidence;
1. Seizure records;
1. Application of Acts and subordinate statutes No. 1, 2, 4, and 5 of seized evidence;
1. Relevant Article of facts constituting a crime and the choice of punishment: Imprisonment with prison labor, respectively, under Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of the Game Industry, subparagraph 4 of Article 45, Article 32 (1) 2, and Article 44 (2) of the Promotion of the Game Industry Act (which provides game products different from those of the game products rated);
1. Concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act;