게임산업진흥에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. Although the Defendant provided free gifts exceeding 5,000 won at a consumer price in operating a game room for personal extraction, the lower court, which acquitted the Defendant, erred by misapprehending the facts and legal doctrine.
2. Determination
A. The summary of the facts charged is a person who operates a man-made game hall in the name of Geumcheon-gu Seoul Metropolitan Government “C”.
No game products-related business entity shall promote speculation by providing free gifts, etc., and shall provide free gifts exceeding KRW 5,000 won for all game products used by the business of providing youth games.
그럼에도 불구하고 피고인은 2019. 5. 29. 23:00 경 위 ‘C’ 게임 장에서, 전체이용 가 게임 물인 인형 뽑기 크레인 게임기 7대에 소비자 판매가격 5천 원을 초과하는 ‘ 시크 릿 쥬쥬 튜브 91’, ‘ 로이 첸 아이스 미 아이스 박스 4.2L’( 이하 ‘ 이 사건 경품’ 이라 한다) 등을 경품으로 비치하여 제공함으로써 사행성을 조장하였다.
(b) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won:
1-
2. A person who encourages speculation in violation of subparagraph 3 of Article 28 (2) and a game products-related business entity under Article 28 (Matters to be Observed by Game Products-Related Business Entities) of the same Act shall comply with the following rules:
3. Not promoting speculation by providing premiums, etc.
(b) Kind of gift prescribed by the Presidential Decree for all game products used by the business providing juvenile games: Provided, That the kind of gift prescribed by the Presidential Decree (the complete detention and phrases);
(a) Cases concerning cash, merchandise coupons, or valuable securities: Provided, That this shall not apply to cases concerning the methods of payment, payment criteria, methods of provision, etc.;
3) In accordance with the proviso to Article 28 subparag. 3 of the Enforcement Decree of the Game Industry Promotion Act (Presidential Decree No. 28236, August 9, 2017), Article 16-2 of the Act (Types of Gift, etc.) (Presidential Decree No. 2823, Aug. 3, 2017)