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(영문) 대전지방법원 2018.05.18 2018고정28

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A game products-related business entity shall not promote speculation by providing free gifts exceeding 5,000 won at the consumer's selling price for all the game products used by the business of providing juvenile games.

Nevertheless, from September 13, 2016 to March 6, 2017, the Defendant provided the 2nd unit of the World War medium-gu D and the Defendant’s operation “E” to the kick game machine, which is a game product used as a whole, as a gift gift, the consumer selling price of which is equivalent to 10,000 won, thereby promoting speculation against many and unspecified persons.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Certificates of registration of juvenile game providing business operators, photographs and photographs;

1. Application of Acts and subordinate statutes to investigation reports (examination of relevant provisions);

1. Relevant legal provisions concerning criminal facts and Article 44 (1) 1-2 and subparagraph 3 of Article 28 of the Act on the Promotion of Alternative Game Industry (Selection of Penalty) of the same Act;

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

1. The summary of the argument on the argument of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the assertion of the Defendant and the defense counsel is as follows: “The personal game extracted shall not be deemed to be a game which encourages speculation because the user's acquisition and loss of property is not of the nature of determining the acquisition and loss of property by chance; the personal form itself shall not be a gift obtained through the game; the personal form itself shall not be a gift; the personal form offered by the Defendant shall not be deemed to exceed the consumer sale price of 5,00 won as an exclusive product purchased by the Defendant at the price of not more than 5,00 won.

In full view of the following circumstances revealed by the evidence duly adopted and examined by this Court, the Defendant’s act constitutes an act of offering free gifts prohibited by the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”).

To improve the quality of cultural life of the people.