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

A game product-related business entity shall not promote speculation by providing free gifts exceeding 5,000 won at a consumer's price for all the game products used by the business of providing juvenile games.

그럼에도 불구하고, 피고인은 2017. 10. 10. 경부터 2017. 12. 26. 경까지 사이에 성남시 분당구 B에 있는 피고인 운영의 ‘C’ 게임 장에서, 전체이용 가 게임 물인 ‘ 신 윷놀이’ 크레인 게임기 내에 소비자 판매가격 6,900원 상당의 포켓 몬스터 ‘ 푸린’ 과 ‘ 피 츄’ 인형을 경품으로 진열 ㆍ 보관하여 불특정 다수인을 상대로 사행성을 조장하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (as to the investigation into the location of the game machine “C” at the site);

1. A protocol of seizure and a list of seizure;

1. On-site photographs, business registration certificate, and certificate of registration of juvenile game providers [the defendant and his defense counsel are only based on the consumer sale price of KRW 5,000 and thus promoting speculation as prohibited by the Game Industry Promotion Act (hereinafter “Game Industry Act”) is unreasonable. The defendant asserts that the supply price of premiums offered by the defendant does not exceed KRW 5,000.

In light of the legislative purport of Article 28 subparag. 3 of the Game Industry Act that intends to prevent game products from speculation by properly regulating the method of running a game providing business in order to improve the people's cultural life, and the text of the above provision of the Act, if premiums were to be provided in violation of Article 16-2 of the Enforcement Decree of the Game Industry Act, which is directly prescribed as to the encouragement of speculation according to the delegation of the above provision, such offering constitutes an offer of free gifts which encourage speculation prohibited under the Act (see Supreme Court Decision 2008Do10565, Jun. 11, 2009, etc.).