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(영문) 서울남부지방법원 2018.01.12 2017고단3784
게임산업진흥에관한법률위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

During the period of seizure, 35 (No. 1) and 10,000 won for seized spawn games.

Reasons

Punishment of the crime

Defendant

A was sentenced to one year of imprisonment for a violation of the Game Industry Promotion Act at the Seoul Southern District Court on September 23, 2015, and the execution of the sentence was terminated at the Seoul Southern District Court on July 30, 2016. On December 8, 2015, the Seoul Southern District Court sentenced two years of suspension of execution to six months of imprisonment for the same crime and became final and conclusive on March 15, 2016.

1. No person who defendant A shall provide game products for the distribution or use, or display or store them for such purposes, which are not classified as a rating;

From October 6, 2016 to October 10, 2016, the Defendant provided, or displayed, for the use of, a large number of unspecified customers, a game product that was not classified as classified by: (a) from Geumcheon-gu Seoul and the 1st underground floor “E Game site”; (b) from employing F and G as an employee; and (c) installing 35 game equipment, which is a game product that was not classified as classified after employing F and G as an employee; and (d) allowing them to use it.

2. At the date, time, and place of Defendant B’s above paragraph (1) and at the same time, Defendant B had his name used as a representative in the registered name of the said “E Game Center”, thereby facilitating Defendant A’s crime of violation of the Game Industry Promotion Act.

Summary of Evidence

1. Defendants’ legal statement

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

1. A copy of the registration certificate of juvenile game providing business entities in the E game;

1. Statement made by the police with H;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, (A), investigation report (verification of the date of release of a suspect A, relevant written judgments, etc.);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 44(1)2 of the Game Industry Promotion Act and Article 32(1)1 of the same Act (the choice of imprisonment with labor);

B. Defendant B: Articles 44(1)2 and 32(1)1 of the Game Industry Promotion Act, and Article 32(1) of the Criminal Act [Article 44(1)1 of the same Act [the degree of participation, background of participation, size and period of business, profits acquired, criminal records, etc.]

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