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(영문) 서울중앙지방법원 2017.06.14 2017고정260
게임산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

Defendant

A is an operator who operates a mutual game software establishment of E on the Jongno-gu Seoul Metropolitan Government D and the first floor, and F is a person who works as a manager.

1. A person who intends to run a business providing unregistered games shall be equipped with the facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of a Si/Gun/Gu;

Nevertheless, Defendant A, without being registered with the competent authority from October 5, 2016 to December 25, 201 of the same month, operated a game providing business by installing 12 games (VNING CRE), which are defective in the type of a self-market selling machine, and in which free gifts (types) can be extracted through the discharge machine, by manipulating the type of a self-market selling machine and a server.

2. No one who provides a game which has not been classified as a rating shall provide a game product for use which has not been classified;

Nevertheless, the Defendant, in collusion with F, set up 12 game games of VNINGE, which was not classified by the conference of members of the game water at the same time and place as the above paragraph 1, provided to unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of each police suspect against the defendant or F;

1. G statements;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a photograph of a control site), investigation report (verification as to whether a game industry is registered);

1. Article 45 of the relevant Act on criminal facts, Articles 45 subparagraph 2, 26 (2) of the Act on the Promotion of Selective Game Industry (the point of business providing unregistered games and the choice of fines), Articles 44 (1) 2 and 32 (1) 1 of the Game Industry Promotion Act, Article 30 of the Criminal Act (the point of providing games that have not been classified as class, and the choice of fines);

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

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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