The Defendant is a juvenile game providing business operator who operates a type of "D" extracted from the type of "D" in Seocho-gu Seoul Metropolitan Government.

A juvenile game providing business entity shall not promote speculation by providing free gifts, etc., the total use of which exceeds 5,00 won in the consumer's selling price for all game products.

Nevertheless, from November 8, 2016 to March 29, 2017, the Defendant installed 16 game machine “Arazin Alphaidine”, which is a game product to be used as a whole from D, from around November 8, 2016 to around March 29, 2017, and provided as free gifts a price of KRW 20,000 of the consumer sales price.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written opinion, detection report, and internal investigation report (the defendant and his defense counsel asserted that since the figures offered by the defendant as free gifts are not sold to general consumers and their consumer sales prices are not set, the defendant did not offer free gifts exceeding 5,000 won.

However, according to the evidence, the type of a person provided by the defendant as free will can be acknowledged that the same product is sold from online to 5,000 won or more (see, e.g., investigation records 5, 6). The evidence submitted by the defendant alone is difficult to reject the above fact.

Therefore, the above argument is difficult to accept.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and Article 44 (1) 1-2 and subparagraph 3 of Article 28 of the Act on the Promotion of Alternative Game Industry (Selection of Penalty) of the same Act;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the same Act (Article 59(1) of the same Act that has no record of punishment for the same crime, the degree of illegality of the crime in this case seems to be gross, and the circumstances leading to the crime in this