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

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

Nevertheless, the Defendant, from September 9, 2016 to October 14, 2016, installed and operated the cateral game machine with the trade name of “C” from Echeon-si B” from Echeon-si to “C”, and the Defendant displayed the cateral game machine with a height exceeding 5,000 won in which the consumer price exceeds 5,00 won, and provided it as free gifts, thereby promoting speculation.

Summary of Evidence

1. Partial statement of the defendant;

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

1. The Defendant asserts that the determination of the Game Industry Promotion Act (hereinafter “the act of promoting speculation prohibited by the Game Industry Act”) on the basis of only the consumer selling price of KRW 5,00,00, based on the control report, business registration certificate, and related photographs is unfair.

In light of the legislative purport of Article 28 subparag. 3 of the Game Industry Act that intends to prevent game products from speculation by properly regulating the method of running a game providing business in order to improve the people's cultural life, and the text of the above provision of the Act, if premiums were to be provided in violation of the type of, standards for, and methods of providing premiums permissible under Article 16-2 of the Enforcement Decree of the Game Industry Act, which is directly prescribed as to the encouragement of speculation by delegation of the above provision of the Act, it constitutes an act of offering premiums which encourage speculation prohibited under the Act (see Supreme Court Decision 2008Do10565, Jun. 11, 2009, etc.). Thus, the defendant's assertion is not accepted).

Application of Statutes

1. The indictment under Article 44 (1) 1-2 of the Act on the Promotion of Alternative Game Industry and Article 44 (1) 3 of the Act on the Promotion of the Lottery Industry Selection and Punishment shall be "Article 44 (1) 1-2 and Article 26 subparagraph 3 of the Act."