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(영문) 대구지방법원 김천지원 2017.09.21 2017고정183
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant operates the “E” as a juvenile game establishment in Kimcheon-si D.

A game products-related business entity shall not promote speculation by providing free gifts, etc., and shall not provide free gifts, such as the pets, etc., the consumer selling price of which is at least 5,000 won, even if the whole use of the game products by the business of providing youth games is permitted by Presidential Decree.

Nevertheless, the Defendant, at around 10:40 on March 8, 2017, set up nine game software units (4 units, two units, three units, and three unit in the U.S.) at the said establishment, and promote speculation by providing a large number of unspecified people, who have been customers, with free gifts equivalent to KRW 15,00,00, respectively, such as character character character type cates, cates, and U.S. A.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his defense counsel asserted to the purport that the "act promoting speculation" of the Game Industry Promotion Act (hereinafter referred to as the "Game Industry Promotion Act") should not be determined on the basis of only the consumer selling price of free gifts, and that the acquisition and loss of free gifts can not be determined due to friendlyness. Thus, the defendant did not promote speculation.

However, in light of the legislative purport of Article 28 subparag. 3 of the Game Industry Act and the language and text of the above legal provision that attempts to prevent game products from speculation by properly regulating the running method of game providing business in order to improve the quality of people's cultural life, the subject of the prohibition pursuant to the above legal provision is "act of promoting speculation by providing free gifts, etc.", and if a game providing business operator provided free gifts in violation of the type of free gifts permitted pursuant to Article 16-2 of the Enforcement Decree of the Game Industry Act, which provides for the promotion of speculation by delegation of the above legal provision.

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