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(영문) 인천지방법원부천지원 2020.10.21 2020고정489
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is a business owner running “C” in Bupyeong-si B.

A person who intends to produce or distribute a game product for the purpose of distributing the game product or providing for the use thereof shall undergo a rating for the contents of the relevant game product from the Game Management Committee before producing or distributing the relevant game product, and shall not provide such game product for distribution or use, or display or store for such purpose, with the contents different from those of the rating.

Nevertheless, from March 13, 2020 to March 16, 2020, the control date from March 13, 2020, the Defendant provided “C” to unspecified customers visiting “C” in Bupyeong-si, B, and provided customers with game money different from the rating obtained by directly charging the Defendant’s ID in cash to customers by means of directly charging the Defendant’s game money amount of KRW 10,000 per 1,00,000 per cash, not the method of adult authentication, and then receiving cash from customers, rather than the indirect shock method of acquiring the game money through filling and abacing purchase.

Summary of Evidence

1. Defendant's legal statement;

1. Application of game manuals, investigation reports (Attachment of confirmation of classification), seizure records, list of seizure, on-site control and photographs, and statutes;

1. Article 45 of the relevant Act on Criminal Facts and subparagraph 4 of Article 45 and Article 32 (1) 2 of the former Act on the Promotion of the Game Industry (Amended by Act No. 16586, Nov. 26, 2019) on the Selection of Punishment of Specific Crimes

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 44 (2) of the Confiscation Industry Promotion Act;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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