Deals & Cases

Violation of the Game Industry Promotion Act, Violation of the Copyright Act

Violation of the Game Industry Promotion Act, Violation of the Copyright ActSuspended Sentence

Game Industry Promotion Act | Concluded With a Suspended Sentence Despite Violations of the Game Industry Act and the Copyright Act

2025.01.06박동일

For a client having been accused of violating the Game Industry Promotion Act, the attorney defended the client and obtained a suspended sentence despite the charge of violating the Game Industry Act, concluding the case.

1. Game Industry Promotion Act | The Client's Charges

The client having been accused of violating the Game Industry Promotion Act requested help in defending against punishment.

The client explained that he had operated a private server for an online game and had received usage fees from its users in the form of culture gift certificates.

The attorney reviewed the facts of the case in detail in order to defend the client against punishment, and the details were as follows.

The client obtained a "server pack" online that allowed him to build a private server, built the private server, and then enabled users to connect to the server and play the game.

By doing so, the client was charged with violating the Game Industry Promotion Act because he had provided an unapproved game product.

In addition, no one may exchange for money the results obtained through the use of a game product.

The client created in-game currency that could be used on the illegal server and, when a user requested it, provided the currency and received culture gift certificates in return.

In addition, no one may infringe an author's economic rights, and the client was also charged with violating the Copyright Act by infringing the game company's copyright.

2. Game Industry Promotion Act | The Level of Punishment Facing the Client

The client, who had violated the Game Industry Promotion Act and the Copyright Act, could face the following punishment.

Game Industry Promotion Act | The Level of Punishment for a Violation

Under the Game Industry Promotion Act, a person who provides an unapproved game product is subject to imprisonment for not more than one year or a fine of not more than 10 million won.

In addition, a person who allows gambling or fraudulent acts to be carried out through the use of a game product, or who provides speculative elements by offering prizes or the like, is subject to imprisonment for not more than five years or a fine of not more than 50 million won.

Game Industry Promotion Act | The Level of Punishment for a Violation of the Copyright Act

The client who violated the Game Industry Promotion Act also violated the Copyright Act.

A person who infringes an author's economic rights may, under the Copyright Act, be subject to imprisonment for not more than five years or a fine of not more than 50 million won, or both.

Acts that infringe a 🔗copyright include reproduction, public performance, public transmission, exhibition, distribution, rental, and the creation of derivative works.

3. Game Industry Promotion Act | The Client's Defense

For the client who had violated the Game Industry Promotion Act and the Copyright Act, the attorney mounted a defense as follows.

Game Industry Promotion Act | The Circumstances of the Offense

For the client who had violated the Game Industry Promotion Act, the attorney emphasized that there were grounds warranting consideration in the client's offense.

The client married his wife at a young age, had a child, and had to support the household, so he had taken on any work that could earn money.

The client suffered an unexpected accident, however, and became unable to perform work involving physical labor, so he ended up confined to his room doing nothing but playing games.

While finding comfort in games, the client came across a post explaining how to operate a private server.

The client explained that he had operated a private server out of curiosity and, when it generated income, continued to commit the offense with the complacent thought that it might help support his household, violating the Game Industry Promotion Act.

Game Industry Promotion Act | Sincere Remorse

For the client who had violated the Game Industry Promotion Act, the attorney emphasized that the client was showing an attitude of sincere remorse.

The client deeply repented and showed remorse for having operated a private server and provided in-game currency in order to address his financial difficulties.

The client was firmly resolved in his heart never to commit the same crime again.

4. Game Industry Promotion Act | The Client's Judgment

The court issued a judgment of a suspended sentence for the client who had violated the Game Industry Promotion Act.

With the charge of violating the Copyright Act added to the violation of the Game Industry Promotion Act, an actual custodial sentence appeared unavoidable for the client.

The attorney mounted an active defense, citing mitigating factors favorable to the client, which led to this suspended sentence.

When a case is entrusted to the attorney, the attorney closely reviews and analyzes it and prepares a strategy to bring about a favorable outcome for the client.

If you are facing a charge such as a violation of the Game Industry Promotion Act, please seek assistance now by obtaining a 🔗attorney referral.

🔗If you would like to know about a case defending against an actual sentence for a violation of the Game Industry Promotion Act?

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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