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(영문) 수원지방법원 성남지원 2017.11.08 2017고단1934

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A game products-related business entity shall not promote speculation by providing free gifts exceeding 5,000 won at the consumer's selling price for all the game products used by the business of providing juvenile games.

Nevertheless, at around April 6, 2017, the Defendant: (a) extracted the form of “D” from the mutual name of “D” located in the Sinnam-si, Sinnam-si, Sinnam-si, on April 6, 2017; (b) displayed and kept the form of “Skin-si, Central Central Republic Republic Republic Republic Republic of Korea,” which is a game product for the entire use of the game product, and provided it to many and unspecified persons with a gift.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site photographs, wheelers-type documentary records, app retailers' price photographs, etc.;

1. The Central Central Central Republic Republic Republic Republic Republic Republic Republic Republic Republic 2 statement [the supply price of the gift offered by the defendant is 5,000 won or less, but even if the price of the gift actually received by the defendant is less than 5,000 won, Article 16-2 of the Enforcement Decree of the Game Industry Promotion Act provides for the types of the gift offered by the defendant pursuant to the proviso of Article 28 subparagraph 3 of the Act, standards and methods for the payment thereof, and provides for the types of the gift and the payment method thereof within 5,00 won (referring to the sale price at the general retail store). The above evidence duly adopted and investigated by the court is sufficient to prove that the "consumer selling price" of the gift offered by the defendant is more than 5,00 won.

Therefore, the above argument shall not be accepted] Application of the law

1. Article 44 of the relevant Act on criminal facts, Article 44 (1) 1-2 of the Act on the Promotion of Alternative Game Industry, and Article 28 subparagraph 3 of the same Act, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the primary offender, the defendant's age, sex, environment, motive, means and consequence of the crime.