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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall provide game products not classified for distribution or use.
1. On December 14, 2015, the Defendant: (a) decided to sell three physical posters games to D via telephone; (b) transferred KRW 2.4 million sales proceeds of the game machine from D; and (c) sold three physical posters games, which were not classified into D, by sending the said game machine to E designated by D via a selective distribution.
2. On January 27, 2016, the Defendant received KRW 1.2 million from the sales price of the game machine through the method as referred to in the foregoing paragraph (1) and sold three play games, which were not rated D.
3. On February 5, 2016, the Defendant received KRW 1050,000 from the sales proceeds of the game machine using the method as referred to in the foregoing paragraph (1) and sold three plastic posters who did not receive any rating from D.
4. On April 1, 2016, the Defendant: (a) transferred KRW 3.6 million in total from D’s game machine sales proceeds from D on two occasions; and (b) sold the 1stmato games that did not receive F’s rating.
5. On April 25, 2016, the Defendant: (a) decided to sell D 4 games of camping-to-door games through telephone; (b) sold 4 games of camping-to-door games without being rated to F by way of receiving KRW 1.7 million from D a transfer of KRW 1.7 million sales proceeds of the game machine from D; and (c) sending the game machine to a name-oriented person who operates the game site to-door distribution in the name-oriented area of the game site designated by D.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of the protocol concerning examination of suspect concerning D by the prosecution;
1. Account details and currency details, and D account details;
1. Application of Acts and subordinate statutes to criminal investigation reports (D's review reports on the existence of accomplices), investigation reports (D's financial transactions between A and monetary records);
1. Article 44 (1) 2 of the Act on the Promotion of Game Industry and Article 32 (1) 1 of the same Act concerning criminal facts and the selection of punishment;