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(영문) 부산지방법원 서부지원 2021.03.19 2020고단2275
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person operating "C" in Busan Seo-gu B, and D is an employee of the above PC.

The game water management committee provides that the portal Baduk, portal spawers, portal sites and game water are subject to the method of "indirect charging" which customers directly create an account without any separate manager, and make online hard-to-spawn filling, and then purchases carba and game money.

Nevertheless, around July 16, 2020, D provided the above PC as a guest who found the above PC, and provided the game, such as gold portal Baduk, etc., differently from the contents classified as above, D provided the public account and password created in advance through a separate manager page, and provided the customer with cash, and changed points to the defendant. The defendant provided the account provided to the customer through the manager page, which allowed the customer to use the game water by means of direct charging.

As a result, the Defendant conspired with D and provided customers with game products with contents different from the rating classification.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of business owners in violation of Acts and subordinate statutes;

1. A request for an appraisal by the Game Water Management Committee, a request for appraisal of game products, and the application of Acts and subordinate statutes responding to the results of appraisal;

1. Article 45 of the relevant Act on the crime, Article 45 subparagraph 4 and Article 32 (1) 2 of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act, the selection of a sentence of imprisonment or imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. Scope of punishment by law: One month to two years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] the classification of the class [type 1] and the provision for the use, etc. of illegal game water] and the provision for the use of other game water.

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