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(영문) 서울중앙지방법원 2018.03.28 2017고정2685

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

From August 10, 2016 to March 6, 2017, the Defendant is a person who operates a artificial extraction room with the trade name of "D" from Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and from March 1, 2017.

No game products-related business entity shall pay premiums exceeding 5,000 won at the consumer's selling price for all game products.

Nevertheless, on March 6, 2017, the Defendant displayed races exceeding KRW 5,000 won in consumer sales price, such as “raws choscam choscam in the game machine,” “Post Drick,” and “Pibb” in the above game box, and promoted speculation by providing premiums.

Summary of Evidence

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

1. On-site investigation reports (on-site control photographs);

1. Report on investigation (related to statement at the time of preparation of suspect A suspect interrogation protocol), and report on investigation (verification of the personal price offered by the defendant as free gifts);

1. Application of statutes on records of seizure and lists of seizure;

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. Article 44 (2) of the Confiscation Industry Promotion Act;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant and his defense counsel asserted that the punishment provided by the defendant as free gifts is non-saleable goods and the price actually purchased by the defendant is less than 5,000 won.

However, the issue of whether the free price exceeds 5,000 won shall be determined on the basis of the consumer selling price (the selling price at the general retail store) rather than wholesale (Article 16-2 subparagraph 2 of the Enforcement Decree of the Game Industry Promotion Act). According to the evidence above, it is recognized that the product is a product that forms the minimum of 7,010 won of the personal consumer selling price identical or similar to the type provided by the defendant as free gifts.

Therefore, Defendant .