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(영문) 청주지방법원 2017.09.19 2017고정355

게임산업진흥에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates the juvenile game industry (personal extraction) under the trade name of "D" in the petition district C at the Cheongju-si.

Premiums to be provided for free gifts shall be at least 5,000 won in consumer sale prices, and shall not promote speculation by providing free gifts exceeding 5,000 won.

Nevertheless, the defendant from January 2017 to the same year.

3. From the 17:40 on April 14, 17:40, the Plaintiff violated the rules of practice by setting up 7 boxes for the said 'D’-based game machine, and displaying figures, such as type, type, type, lock, type, type, type, type, and type, etc. in the game machine, which are free gifts the selling price of which exceeds 5,000 won, on one occasion against unspecified customers, and providing free gifts acquired after allowing them to put 1,000 won into the game.

Summary of Evidence

1. Partial statement of the defendant;

1. An explanatory note and on-site photograph;

1. Photographs of Internet search goods;

1. Certificates of registration of juvenile game providing business operators;

1. The defendant and his defense counsel asserts that ① the provision of free gifts cannot be applied to "sale price at a general retail store" as non-retailing items, and ② whether to obtain free gifts is determined by the user's real ability, not by an influence method, and thus, it cannot be viewed as "influence of speculation."

In light of the legislative intent of Article 28 subparagraph 3 of the Game Industry Promotion Act and the text and text of the legal provision, it is reasonable to apply the consumer sales price in cases where there are the same product that is sold to general consumers only for sale purposes. ② In order to enhance the quality of cultural life of the people, in light of the legislative intent of Article 28 subparagraph 3 of the Game Industry Promotion Act and the text and text of the legal provision, it is reasonable to apply the consumer sales price in cases where there is the same product that is sold to general consumers.