The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) of the instant strike is not deemed as the price for the general sales-use product, which is a non-sale product prior to the extraction of the form of figures, as the price for the instant sales-use product. It is difficult to readily conclude that the price for the general sales-use product exceeds KRW 5,000,00, which is the premium payment standard, due to the significant price fluctuation between the sellers.

2. Determination

A. The lower court found the Defendant guilty, based on the following facts: (a) the instant strike was made exclusively for the extraction of the form of seal; (b) it appears that the general retail store was not sold at the general retail store; (c) however, in light of the legislative purport of the Act on the Promotion of the Game Industry which prohibits the provision of free gifts exceeding 5,000 won in weight, the consumer price of the products for general sale can be deemed as the consumer price of the instant strike; (b) the instant strike exceeds 5,000 won in the Internet selling price of the products for general sale of the same type as that of the Lindondon class; and (c) the Defendant purchased the instant strike in the form of 4,800 won in the form of Lindon class; and (d) even if the Defendant purchased the instant products from some medium-sized and online markets at the same price as that of Lindond class 5,000 won or less in the form of wholesale business, etc., even if it was difficult to view the price of the Defendant’s sale from among consumers.

B. The following circumstances admitted by the lower court based on the evidence duly admitted and examined by the lower court, and ① Article 28 subparag. 3 of the Game Industry Promotion Act and the Enforcement Decree of the same Act.