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.

Punishment of the crime

On March 21, 2018, a game water-related business entity should not promote speculation by providing free gifts, etc. for the game products which are not the game products. However, around 16:00, the Defendant operated the “H”, which is a juvenile game software establishment located in Busan Jung-gu, Busan, on March 21, 2018, and the Defendant provided the type of “lining off the game machine” (hereinafter “the type of the instant person”) inside the “Plast 2” game machine, which is the total use of the game machine, as free gifts.

[In regard to this, Defendant / Defense Counsel stated that the Defendant’s provision of the instant race as gift in the game machine for the establishment of the Defendant’s game providing business, but the instant race price is not 5,000 won, and thus, the Defendant’s provision of the instant race price is only permissible under the proviso of Article 28 subparag. 3 of the Game Industry Promotion Act (hereinafter “Game Industry Act”).

In light of the relevant provisions, if a game water-related business entity promotes speculation by providing free gifts, etc., it shall be subject to criminal punishment (Article 44(1)2 and Article 28 subparag. 3 of the Game Industry Act). However, if the consumer sale price at the general retail store of the given free gifts is not more than 5,000 won, it shall not be deemed that the payment of the said free gift would promote speculation even if it is made (Article 28 subparag. 3 of the Game Industry Act, Article 1-2 subparag. 2 of the Enforcement Decree of the Game Industry Act). Accordingly, the issue of the instant case is whether the consumer sale price at the general retail store of the type of this case exceeds 5,00 won.

Therefore, inasmuch as it is apparent that the price of the instant online store’s figures, such as Gmarket, where the reduction of the cost of ordinary distribution, the cost of sales, or the cost of labor for building rents, etc. and the sales at a lower price than the general retail store is equivalent to or greater than the general retail store, the price of the consumer sales at the general retail store of “general”, such as 21,280 won to 24,340 won (Evidence 22 page of the evidence record), is similar to or greater than the above.