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(영문) 부산지방법원 2020.05.22 2020고단708
게임산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to conduct business of providing Internet computer game facilities shall register with a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun

Nevertheless, the Defendant, without registering with the head of the Busan Jin-gu Office, installed 11 computers in the name of "C rest room" on the Busan Jin-gu B and 3th floor (hereinafter "the rest room in this case"), and operated Internet computer game facilities by receiving approximately KRW 5,000 per hour against many unspecified customers.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the examination of some of the accused;

1. Determination as to the assertion of the defendant and defense counsel of investigation report (Attachment of photographs inside suspect business establishments) and photographic documents

1. The Defendant and the defense counsel set up a computer in the instant resting room and denied the facts charged that the Defendant did not conduct Internet search and adult video providing business and did not wish to provide game providing service business.

2. Article 2 Subparag. 6 of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) defines “game providing business” as the business of providing game products so that the public may use game products, and exclude “game providing business” under subparagraph 7 of the same Article. Article 2 Subparag. 6-2 (b) of the same Act defines “general game providing business” as the business of installing game products not permitted for use by juveniles and all game products permitted for use by juveniles among game products rated pursuant to Article 21 with necessary facilities at a certain physical location, and provides them for use by the public. Article 2 Subparag. 7 of the same Act provides “business of providing Internet computer game facilities” with necessary equipment, such as computers, and uses other information providing materials incidental to the public.

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