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(영문) 인천지방법원 2012.06.21 2012고단4901
게임산업진흥에관한법률위반
Text

Defendant

A and B shall be punished by imprisonment with prison labor of 10 months, by a fine of 2 million won, respectively.

Defendant

C. D. Each of the above.

Reasons

Punishment of the crime

Defendant

A is a person who operates the game room under the trade name of the Nam-gu Incheon Metropolitan City F, and Defendant B is a person who manages the game room, such as employee management and exchange, with the head of the above game room. G, Defendant C, and Defendant D are those who work as an employee of the above game room, while serving as an employee of the above game room.

On September 27, 2011, from around 11:00 (Defendant D from October 1, 201 to October 2, 17:40, 201), the Defendants set up 45 game machine for “alleybroman”, which added automatic progress function and example function differently from the contents of the rating of the Game Rating Board’s rating in the above game site, and offered them for use by many unspecified customers, and exchanged premiums acquired by customers through the use of game products for KRW 4,500 after deducting 10% per commission.

As a result, the Defendants conspired to provide customers with contents different from the contents of the rating of the Game Rating Board, and exchanged tangible and intangible results obtained by customers through the use of game products.

Summary of Evidence

1. Each of the above Defendants’ respective legal statements

1. Protocol concerning the examination of each police suspect against G and the above Defendants;

1. Police seizure records;

1. Reporting on detection;

1. Each photograph;

1. Application of Acts and subordinate statutes on transaction details, book copies, lease contract by account;

1. Article 44 (1) 2, Article 32 (1) 7, subparagraph 4 of Article 45, and Article 32 (1) 2 of the Promotion of the Game Industry Act concerning facts constituting a crime: Article 30 of the Criminal Act;

1. Defendant A, B: Each of the Defendant C, and D who is subject to imprisonment with labor: The choice of each fine;

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

1. Suspension of execution (Defendant A and B): Each of the above Defendants under Article 62(1) of the Criminal Code led to confession and reflect on all of the crimes.

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