게임산업진흥에관한법률위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant’s operation of the game room as indicated in the judgment does not exceed KRW 5,00,00; (b) the Defendant did not intend to commit a crime of violation of the Act on Promotion of the Game Industry of this case; and (c) the Defendant did not encourage speculation (the Defendant’s defense counsel asserted the grounds for appeal as follows: (a) the Defendant asserted that the sentencing was taken into consideration on the first trial date of the trial of the first instance; (b) the reasons for appeal were as follows.
A. According to Article 16-2 subparagraph 2 of the Enforcement Decree of the Game Industry Promotion Act, whether the price of a gift 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. From a consumer’s perspective, a person who intends to run a game with non-rice rice price based on the price at the time of purchase in the general market shall be determined on the basis of a compromise that the person wants to add the game, and therefore, the price of the gift shall be determined from a citizen’s perspective who intends to run a game instead of a game providing business operator’s position.
In light of the above legal principles, according to the evidence duly adopted and examined by the court below, the name of the BS-1816 (Evidence No. 12 pages) of the “WS-1816” is indicated as “WS-16” (Evidence No. 12 pages), and the fact that the Blus micro products in the shape similar to the number No. 5,000 won exceed 28,010 won (Evidence No. 10, 13 pages) can be recognized.
B. In light of the legislative purport of Article 28 subparag. 3 of the Game Industry Promotion Act and the language and text of the above legal provision, in order to prevent game products from scambling by properly regulating game providing business performance methods of game providing business operators in order to improve the quality of cultural life of the people, the delegation of the above legal provision is required.