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(영문) 부산지방법원 2013.07.23 2013고단2003
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 3 to 5 shall be confiscated.

Reasons

Punishment of the crime

From October 12, 2012 to October 15, 2012, the Defendant: (a) provided customers with PC 10 games, the rating classification of which was refused because they constitute speculative game products; and (b) exchanged customers with 4,500 won, deducting the points obtained by using the said game products from fee per 500 won.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of photographs within, outside, and outside, a game room and seized articles, with respect to attachment of a report on the results of appraisal);

1. Article 44 (1) 2 and Article 32 (1) 4 ( point of provision of game products) of the relevant Act on the Promotion of Game Industry ( point of provision of game products) concerning criminal facts, Article 44 (1) 2 and Article 32 (1) 7 ( point of provision of game products) of the Game Industry Promotion Act;

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

1. The crime of this case committed by the defendant for the reason of sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry and Article 48(1) of the Criminal Act is highly harmful to the society, such as encouraging the gambling spirit of ordinary people and causing the failure of home economy, and thus, it is necessary to strictly punish the defendant. There are circumstances favorable to the defendant, such as the fact that the defendant repents and reflects the wrong, and that there is no criminal record for the same kind of crime.

In full view of the aforementioned circumstances, the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances revealed in the pleadings of the instant case, including the Defendant’s age, character, conduct, career, and environment, the punishment as ordered shall be determined.

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