게임산업진흥에관한법률위반
1. The defendant shall be punished by a fine of 500,000 won;
2. If the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
From August 1, 2016 to March 8, 2017, the Defendant, with the trade name “E” from D1-2, Mapo-gu Seoul Metropolitan Government, set up approximately 20 game machine from 1-2, and provided 8,000 to 30,000 to 30,000 won, which is the payment criteria for free gifts in the machinery, thereby encouraging the Defendant to withdraw a personal gift, such as a carcure, thereby violating the obligations of the game product-related business entity.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes to report the detection;
1. Relevant legal provisions concerning criminal facts and Articles 44(1)1-2 and 28 subparag. 3 (a comprehensive selection of fines) of the Act on the Promotion of the Alternative Game Industry, and the defense counsel's act does not constitute an act that encourages speculation of the defendant;
However, in light of the legislative purport of Article 28 subparag. 3 of the Game Industry Promotion Act and the text of the above provision to prevent the speculation of game products by properly regulating the method of running a game providing business in order to improve the quality of the people's cultural life, if the gift was provided in violation of Article 16-2 of the Enforcement Decree of the same Act, which is directly defined as to the encouragement of speculation according to the delegation of the above provision, such provision constitutes an offer of free gifts which encourage speculation prohibited under the same Act (see Supreme Court Decision 2008Do10565, Jun. 11, 2009); and part of the given gift was less than 5,00 won (see Supreme Court Decision 208Do10565, Jun. 11, 2009).
Even if it is not different, the above argument is rejected.
2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.