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(영문) 서울동부지방법원 2014.01.16 2013고단2993
게임산업진흥에관한법률위반
Text

1. Defendant A shall be punished by imprisonment for six months, by a fine of 5,00,00 won.

2. Defendant B and C respectively.

Reasons

Punishment of the crime

Defendant

A is the owner who operates a game room without trade name on the first floor above the building located in Songpa-gu Seoul Metropolitan Government from August 9, 2011 to August 12, 2011, and Defendant C and B are the employees working in the above game room.

No one shall provide game products not classified for distribution or use, and exchange or arrange for exchange of tangible or intangible results obtained through the use of game products.

Nevertheless, in collusion with the Defendants, at the above date, at the above time and place, Defendant A had the above game work be made available to the customers by sticking the USB storage device with which the “softed” game product was stored in the 37 game machine installed in the above game room, and the Defendant C and B manage the game site by employing Defendant C and B as an employee, and the customers who find the above game site have put cash into the game machine with the game machine where the above “softed” game work was installed with the guidance of the Defendants, provided the Defendants with a gift obtained as a result, and received the remaining points after deducting 10% fee from the Defendants.

In collusion, the Defendants provided game products without any grade, and exchanged the type of results obtained through the use of the game products.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. Statement of police statement concerning E and F;

1. Each statement of G, H, E, F, and I;

1. Police seizure records;

1. Application of Acts and subordinate statutes concerning details of transactions, copy of lease agreement, and game photography;

1. Article applicable to criminal facts;

(a) The point of providing unclassified game products: Article 44 (1) 2, Article 32 (1) 1, and Article 21 (1) of the Promotion of the Game Industry Act, Article 30 of the Criminal Act;

(b) Exchange: Article 44 of the Promotion of the Game Industry Act;

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