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(영문) 부산지방법원 2013.12.30 2013고단7305
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence1 through 5 shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant from January 1, 2013 to the same year.

4. Until September 1, 200, by using part of the PC located in Busan Southern-gu “CPC”, “one-time game” that was not classified by the Game Rating Board was provided to unspecified customers by using part of the PC, and exchanged the points obtained by customers into KRW 10,000 or KRW 20,000 per cash.

As a result, the defendant provided game products that have not been rated for use, and carried out money exchange business of the results obtained through the use of game products.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. E statements;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2, 32 (1) 1 (the point of providing game products) and 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, and the choice of imprisonment with labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing of Article 44(2) of the Confiscation Industry Promotion Act is relatively small, and the defendant does not have the same criminal records.

However, the crime of this case requires a strict punishment of social harm, such as encouraging the gambling spirit of the general public and undermining the will to work, thereby choosing imprisonment.

In addition to the above circumstances, the sentence of this case shall be determined as ordered in full view of various circumstances, such as the background, means and result of the instant crime, the period of the crime, the age, character and conduct, environment, criminal records, and the circumstances after the crime.

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