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(영문) 수원지방법원 성남지원 2018.04.13 2017고정1208

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 500,000.

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 mutual game forum called “F” in the division-gu E in the Gyeonggi-do, Sungnam-si.

No game products-related business entity shall promote speculation by providing free gifts in excess of 5,000 won of the consumer selling price.

Nevertheless, on March 20, 2017, the Defendant installed a game machine called "TOY PP" in the above game room around 15:33, and provided Mammon pan and dubin punishment equivalent to 9,000 won of consumer sale price.

Accordingly, the defendant provided free gifts exceeding 5,000 won in consumer sale price, thereby promoting speculation.

The defendant and defense counsel asserted that the defendant purchased the above punishment in 5,00 won and the consumer price has not been formed.

However, it is evident that Article 16-2 subparagraph 2 of the Enforcement Decree of the Game Industry Promotion Act provides that "the free gifts to be paid for the payment of free gifts shall not exceed 5,000 won (referring to the selling price at the general retail store)". Thus, it is irrelevant to the price purchased by the defendant, and it is recognized that the free gifts to be paid for the payment of free gifts are products distributed and sold in the market according to the macroscopic evidence. Thus, the above assertion by the defendant against this is rejected.

In addition, the defendant and his defense counsel have legal arguments that the above game machine does not encourage speculation, but all of the above arguments are not acceptable.

Summary of Evidence

1. Partial statement of the defendant;

1. In-site reports (e.g., the process of detection), - on-site photographs, (TOYS PP photographs), - photographs, (1) photographs, (2) photographs, (2) photographs, - the minimum personal code verification (2), - the minimum personal standard search (1), - the minimum personal standard search (2) - the application of Acts and subordinate statutes of a game product use manual.

1. Article 44 of the relevant Act on criminal facts, Article 44 subparagraph 2 of the Act on the Selection of Game Industry, and Article 28 subparagraph 3 of the same Act, and the selection of fines;

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