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(영문) 수원지방법원 안산지원 2018.12.06 2017고단3595

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Although a game water-related business entity should not encourage speculation by providing free gifts exceeding 5,000 won in total for the game products, the Defendant, around April 11, 2017, in the “F Game” type No. 106 and No. 107 of the “F Game” type No. 1 in Bupyeong-si, Bupyeong-si, Bupyeong-si, 15:30 on April 11, 2017, caused speculation by providing free gifts exceeding KRW 5,00,00 for the total game products.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the G production;

1. Field control photographs;

1. Application of Acts and subordinate statutes to photographs by cutting down the consumer price at the Internet of the syeast syeast syeast syeasts;

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. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. Article 16-2 (2) of the Enforcement Decree of the Act on the Promotion of the Game Industry Promotion (hereinafter referred to as the “Game Industry Act”) (hereinafter referred to as the “Enforcement Decree of this case”) restricts the method and price of offering free gifts that can be provided by a game room proprietor.

In that sense, the limit of the price of the gift to KRW 5,00 is excessively undermining the freedom of occupation of game users because the price is excessively under, and in principle, the method of first imposing administrative punishment, such as fines for negligence, can be a reasonable regulatory method if the provision of free gifts is violated while exceptionally allowing the provision of free gifts and exceptionally restricting the provision of free gifts, but imposing punishment uniformly when the provision of free gifts is violated is limited to KRW 5,00,000, which is excessively underfinite, and the right to pursue happiness of game users and game customers.