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(영문) 부산지방법원 2018.08.29 2018고정859

게임산업진흥에관한법률위반

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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 a juvenile game providing business under the trade name of "D" from the Busan East-gu C and the first floor.

A game product-related business entity, such as the juvenile game providing industry, shall not promote speculation by providing the whole game products with free gifts, etc. except for free gifts not exceeding 5,000 won in a consumer price.

Nevertheless, at around 16:00 on January 16, 2018, the Defendant included 6,500 won (up-f), 16,300 won (ws-858) consumer price, 10,00 won (w-858) consumer price, and 10,900 won (cm-18h/Shh) in the above game machine, and made many unspecified customers acquire the said gift using the above game machine.

As a result, the Defendant provided free gifts, etc. to game water-related business operators, thereby promoting speculation.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to detection and report of violation establishments;

1. Articles 44(1)2 and 28 subparag. 3 of the Act on the Promotion of Game Industry related to criminal facts; the selection of a fine [the value of the gift offered by the defendant exceeds 20 to 30 times the user fee per time; the defendant’s operating establishment takes into account the fact that the defendant’s operating establishment is a juvenile game industry, it is deemed that the defendant’s act has promoted speculation in violation of the standards for the value of the gift provided.

When considering the contents and legislative purpose of the Si’s sentence, the relevant provisions of the Enforcement Decree cannot be deemed as unconstitutional.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.