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(영문) 서울동부지방법원 2018.08.23 2018노404

게임산업진흥에관한법률위반

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The prosecutor's appeal is dismissed.

Reasons

The judgment of the court below which acquitted the Defendant of the facts charged in this case despite the fact that the free gifts offered in the game of this case exceeds 5,000 won, is erroneous in the misapprehension of legal principles and misconception of facts.

Judgment

A. On March 30, 2017, the summary of the facts charged in the instant case: (a) the Defendant was unable to provide free gifts exceeding KRW 5,000 from a man-made extraction room operated by the Defendant located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “D”); (b) in spite of the fact that the Defendant was not able to provide free gifts exceeding KRW 5,00,000, a type of 13,800, which is the market price, was put into a game machine and provided as free gifts.

B. The lower court determined as follows: (a) on March 30, 2017, when the investigation agency conducted the search of bar codes attached to the Poet Plouse Accent type (hereinafter “the instant type”) using smartphone apps, the Internet sales site was confirmed to be KRW 13,800, but the Defendant submitted the data that he purchased the instant race at KRW 4,800 per unit; (b) the instant race type differs in weight and form from the figures sold on the Internet sales site; (c) it is difficult to view that the above amount is applied as it is; (d) on the other hand, it is difficult for the Defendant to find that the Defendant was not guilty on the ground that it was hard to find that the Defendant was not guilty on the ground that the Defendant’s sales site, which was operated by the Defendant, was not on the charge of the instant case, in the process of investigating the fact that the Defendant provided virtual type, rather than on the part of the Defendant.

(c)

The judgment of the court on this case.