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(영문) 부산지방법원서부지원 2020.08.13 2019고정799

게임산업진흥에관한법률위반

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person engaged in the juvenile game providing business under the trade name of “C lowerum point” in Busan Seo-gu.

A juvenile game providing business entity shall provide free gifts to all game products to be used in compliance with the types of premiums, standards for payment, and methods prescribed by Presidential Decree.

Nevertheless, around 00:00 on April 30, 2019, the Defendant violated the code of practice of game products related business entities by inserting 5,000 won, which is the criteria for paying free gifts, in the game equipment installed in the above game room, into the game product, and operating the game product as free gifts, which is equivalent to 11,800 won of consumer sale price.

2. According to the following circumstances, it is difficult to readily conclude that the evidence submitted by the prosecutor alone exceeds KRW 5,000,00, which the Defendant provided as free gifts. There is no other evidence to acknowledge this.

The Defendant asserted that he purchased 4,400 won microphones from Microseller D, and that he also stated to the investigation agency for the same purpose as microseller D.

B. The prosecutor presented an investigation report to the effect that the Defendant’s product numbers (WS-858) are sold in 12,900 won in Korea through the Internet price search after specifying the product numbers (WS-8) that the Defendant provided as free gifts, but even based on the statement in D’s investigation agency, various goods are sold with the same product number, and even based on the same investigation report, he/she can purchase the above product number microphones at an amount significantly below it through the overseas direct outlet.

(If search is conducted through the current Internet site, less than 5,00 won can be purchased through an overseas direct area. (The number may be less than 5,000 won.)

If anyone can purchase through an overseas direct area without any particular restriction, the price of the overseas direct area is also the consumer price.