2015Mo2067 A. Violation of the Game Industry Promotion Act

(b) Illegal rescue in violation of the Game Industry Promotion Act;

1. A.

2.(a) B

3.(a) C.

4.2.D

Kim Jong-man (prosecution), Han-dong (Public Trial)

Attorney E (National Election for Defendant A)

June 4, 2015

1. The defendant A and B shall be punished by imprisonment with prison labor for one year and six months, and the defendant B shall be punished by imprisonment with prison labor for one year.

Seized evidence 1 to 7 shall be confiscated by the Defendants.

2. Defendant C, D

Defendant C shall be punished by a fine of KRW 3 million, and Defendant D shall be punished by a fine of KRW 2 million. In the event that the Defendants did not pay each of the above fines, the Defendants shall be confined to the Labor House for a period of one million converted by one day.

Criminal facts

On December 14, 2010, Defendant A was sentenced to larceny, etc. at the Busan District Court and one year and six months of imprisonment, and completed the execution of the sentence on April 28, 2012.

1. 피고인 A, 피고인 B, 피고인 C 피고인 A, 피고인 B는 2015. 1.경 비닐하우스 내에 등급분류를 받지 않은 게임기를 설치하여 무허가 오락실을 운영하기로 마음먹고, 피고인 A은 운영에 필요한 자금을 대어 게임기를 구입하고 손님의 이동수단으로 사용할 속칭 '깜깜이 자동차'를 조달하는 등 영업 전반을 관리하는 역할을, 피고인 B는 위 오락실 내부에서 손님을 관리하고 손님의 이동차량이 오락실로 진입할 경우 문을 열어주는 속칭 '문방' 역할을 하기로 상호 모의하였고, 피고인 C은 2015. 4. 초순경 피고인 A으로부터 일당 5만 원을 받기로 하고 손님의 이동차량을 운전하는 역할을 담당하기로 순차 모의하였다.

From the beginning of February 2015 to April 7, 2015, the Defendants established 30 game machines, including 'Yamato 2', which did not receive a classification of plastic houses located in F in F of Busan F, and sent advertising letters to customers using mobile phones, and provided customers who had contacted with them by purchasing in advance using mobile phones to get off the above entertainment room and using the above game machine, and exchange the points obtained through games with 4,500 won after deducting 10% of commission from calculating the points obtained by customers as 5,00 won per one point. Accordingly, the Defendants conspired to offer game products not classified to customers for use, and exchanged the results obtained through the use of game products.

2. Defendant D.

On April 2015, the Defendant: (a) within the entertainment room, after being aware of the fact that A, etc. committed the above crime, aided and abetted the crime by facilitating the commission of the crime, such as coffee and internal cleaning, in order to assist customers in committing the crime on the condition that A would receive KRW 5-70,000 per day, by being aware of the fact that A, etc. committed the above crime.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to H, I, and J;

1. Investigation reports and accompanying materials (Nos. 8 through 10, 18 through 25).

1. Previous convictions in judgment: the application of Acts and subordinate statutes concerning criminal records and investigation reports (No. 32 and No. 33);

1. Article applicable to criminal facts;

A. Defendant A, B, and C: Articles 44(1)2 and 32(1)1 of the Game Industry Promotion Act; Article 30 of the Criminal Act (the point of 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; Articles 30 of the Criminal Act; Articles 30 and 32(1)2 of the Criminal Act; and Articles 32(1)2 and 32(7) of the same Act; and Articles 44(1)1 and 3

(b) Defendant D: Articles 44(1)2 and 32(1)1 of the Game Industry Promotion Act; Articles 30 and 32(1) of the Criminal Act (the point of aiding and abetting the use of a game product not rated); Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act; Articles 30 and 32(1) of the Criminal Act (the point of aiding and abetting the provision of a game product not rated); Articles 30 and 32(1) of the Criminal Act (the point of aiding and abetting the use of a game product)

1. Aggravation for repeated crimes;

Defendant A: Article 35 of the Criminal Act

1. Aid and mitigation;

Defendant D: Articles 32(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Detention in a workhouse;

Defendant C and D: Articles 70(1) and 69(2) of the Criminal Act

1. Confiscation;

Defendant A and B: In light of the size of the game room for sentencing under Article 48(1)1 of the Criminal Act, Article 44(2) of the Game Industry Promotion Act, the size of the game room for sentencing, method of business, period of business, degree of the Defendants’ participation, degree of criminal record, etc., Defendant A and B shall be punished by a fine, and Defendant C and D shall be punished by a fine, respectively, in consideration of the conditions of sentencing prescribed in Article 51 of

Judges Kim Jong-il