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(영문) 부산지방법원 2012.10.09 2012고단6757
게임산업진흥에관한법률위반
Text

Defendants shall be punished by imprisonment for ten months.

Seized evidence1 to 3 shall be confiscated from Defendant A.

Reasons

Punishment of the crime

1. From January 18, 2012 to February 15:20, 2012, Defendant A installed 35 game equipment called “non-fashion” at “E” located on the first floor located in Busan Jung-gu D and operated the game site, Defendant A obtained 250 points on the screen when he/she had the water height of the non-fash game equipment appearing on the screen and obtained 5,000 points or obtained 5,00 points on the screen when he/she completed the capture of the items (e.g., release on bail, dud, n, and g). However, if a certain game cycle different from the classification received, Defendant A provided an unspecified number of and unspecified customers for use of the game product with 50 points when he/she did not capture it.

2. Defendant B, at the same time and place, and at the same time and place, as seen above, assisted and abetted the crime by facilitating the use of “non-game game machine”, which is a game product different from the contents rated by the Game Rating Board as seen above, by providing 35 games to customers for use. In order to assist this, the Defendant: (a) managed the entire business as a weekly head of the said game room, and paid daily allowances to employees.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement related to F and G;

1. Each photograph;

1. Investigation reports (with respect to confirmation of the opening or alteration of game products and the attachment of a letter of appraisal);

1. Application of Acts and subordinate statutes of subparagraphs 1 through 3 of the seized evidence;

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 4 of Article 45 and Article 32 (1) 2 of the Game Industry Promotion Act;

(b) Defendant B: Subparagraph 4 of Article 45 and Article 32 (1) 2 of the Game Industry Promotion Act, Article 32 of the Criminal Act

1. Defendant B who aided and mitigated: Articles 32(2) and 55(1)3 of the Criminal Act;

1. Confiscation Defendant A: The Defendants in the grounds for sentencing under Article 48(1)1 of the Criminal Act also disclose the substance of the instant crime until this Court.

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