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(영문) 서울중앙지방법원 2021.03.11 2019고정2356

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

The Defendant, around 17:07 on June 28, 2019, is a person who installs and operates a key game machine extracted from B 1 in Gwanak-gu in Seoul Special Metropolitan City and C, and the consumer selling price (sale price at general retail stores) of premiums paid by operating a game machine shall not exceed 5,000 won.

Nevertheless, in the term "COCOCO ZNG" game machine, D(E), the minimum selling price of the Internet is 5,790 won), F(25 m, G(State), the minimum selling price of the Internet is 8,900 won), which exceeds the consumer selling price of 5,00 won, was put in a form that exceeds the consumer selling price of 5,00 won, thereby violating the free gift payment standard.

Summary of Evidence

1. Partial statement of the defendant;

1. Reporting on detection and photographs of detection;

1. The summary of the investigative report (the confirmation of the previous record) and the defense counsel’s assertion, and the Defendant and the defense counsel’s assertion: (a) the Defendant did not operate the figure provided by the Defendant in exchange for money; and (b) provided a flat figure, which is not a singinginging or rare; (c) there was no promotion of speculation; and (d) the price of the figure provided does not exceed KRW 5,00,000; and (b) the Defendant did not violate the standards for granting gift.

The argument is asserted.

2. (1) Article 28 subparag. 3 of the Promotion of the Game Industry Act provides that “The game product-related business entity shall not promote speculation by providing free gifts, etc.” as the duty of a game product-related business entity: Provided, That this shall not apply where the whole use of the game product by a juvenile game providing business entity is based on the type of free gifts prescribed by Presidential Decree, standards for the payment, method of provision, etc.

Article 16-2 subparag. 2 of the Enforcement Decree of the same Act provides that “The criteria for the payment of free gifts permitted shall not exceed 5,000 won (referring to the selling price at the general retail store).”

On the other hand, in order to improve the quality of cultural life of the people, game providing business operators.