The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a person who operates a man-made game hall in the name of "D" in Daegu Northern-gu C.

A game water-related business operator shall pay free gifts paid within the amount of not more than 5,000 won per consumer's selling price.

Nevertheless, the Defendant, from around 00:00 on December 15, 2016 to around 16:00 on March 21, 2017, installed 8 cretain game machine at the above location, and provided cretain-type games to many and unspecified people as free gifts exceeding 5,000 won in providing cretain-type games.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. The defendant and his defense counsel asserted that the defendant did not provide free gifts exceeding 5,00 won since the defendant's appearance report of the case and the form of a seal [the defendant and his defense counsel] data related to the type of a seal [the name of the defendant and his defense counsel did not provide free gifts exceeding 5,00 won since the consumer's price was not set with an exclusive product (non-satis) that is not sold

However, according to the evidence duly adopted and examined by this Court, it can be recognized that the goods identical to the sapmon type provided by the defendant as free gifts are sold at KRW 16,00 on an online market. Thus, the defendant's and defense counsel's assertion that the consumer sale price was not set on the sapmon type provided by the defendant as free gifts.

However, if the Montreal type is sold at the general retail store, it can be sufficiently recognized that the sale price exceeds 5,000 won, and ultimately, it is reasonable to deem that the Montreal type consumer sale price exceeds 5,000 won.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and Article 44 (1) 1-2 and subparagraph 3 of Article 28 of the Act on the Promotion of Alternative Game Industry (Selection of Penalty) of the same Act;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2)(1) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.