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(영문) 울산지방법원 2017.10.31 2017고정854

게임산업진흥에관한법률위반

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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a juvenile game providing business establishment by installing a string game machine under the mutual name of "F" in Ulsan-gu E.

Premiums paid by a person who provides a game product to all the juvenile game providing business shall not exceed 5,000 won of a consumer's selling price.

Nevertheless, at around 03:00 on March 23, 2017, the Defendant provided a type of money equivalent to KRW 8,890 to consumers in F, thereby promoting speculation.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement to the effect that the defendant has run a business of attracting figures who will be provided as free gifts in the police interrogation protocol for the defendant;

1. Determination as to the assertion by the Defendant and the defense counsel for each investigation report

1. The reasoning of the judgment by the defendant and his defense counsel is not higher than high-priced goods, but merely a race, there is no money exchange for free gifts, and it does not constitute a case where speculation is promoted because it constitutes a relatively weak game.

2. The defendant's act of offering free gifts on the following grounds (the facts or circumstances are recognized by the evidence duly adopted and examined by this court) constitutes an act of offering free gifts prohibited by the Act on the Promotion of Game Industry, and thus, the defendant and his defense counsel's assertion is not accepted.

1) Article 28 subparag. 3 of the Game Industry Promotion Act does not encourage speculation by providing free gifts, etc.

(b) The types of, standards for, and methods of, the provision of free gifts which can be provided pursuant to the proviso to subparagraph 3 of Article 28 of the Enforcement Decree of the Act on the Promotion of Game Industry for all game products by juveniles' game providing business shall be as follows:

1. Types of premiums:

(a) Toys and phrases;

(b) Cultural products and sports supplies: Provided, That Article 2 of the Juvenile Protection Act is the same;