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(영문) 서울남부지방법원 2017.09.21 2017고정974

게임산업진흥에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a artificial extraction room with the trade name "F" in Geumcheon-gu Seoul Metropolitan Government E and A 105.

A person running a juvenile game providing business shall give free gifts paid by Presidential Decree at a price of not more than 5,00 won for consumers.

Nevertheless, on March 17, 2017, the Defendant: (a) installed seven game machine in the said “F”, and (b) put the gift, such as 10,880 (10,880) consumer sales price, into the click game machine; (c) put customers into the click game machine to obtain the gift through the game; and (d) violated the matters to be observed by the game products-related business entity.

Summary of Evidence

1. Partial statement of the defendant;

1. Field control photographs;

1. A statement of information on the registration of a business establishment;

1. Investigation report (Attachment to a detailed statement of transaction submitted by the person subject to investigation);

1. Application of Acts and subordinate statutes on trading;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 1-2, and Article 28 subparagraph 3 of the Act on the Promotion of Alternative Game Industry, the selection of fines (the defense counsel does not constitute the act that encourages speculation by the defendant's act);

However, in light of the legislative purport of Article 28 subparagraph 3 of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) that intends to prevent game products from speculation by properly regulating the method of running a game providing business in order to improve the quality of the people’s cultural life, and the text of the above provision, if a gift is provided in violation of Article 16-2 of the Enforcement Decree of the Game Industry Act, which directly provides for the promotion of speculation by delegation of the above provision, such a gift constitutes an act of providing gift that encourages speculation prohibited under the Act (see Supreme Court Decision 2008Do10565, Jun. 11, 2009), and the above assertion is rejected).

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