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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
Game products-related business entities shall provide free gifts to the consumers whose selling price is not more than 5,00 won.
On May 8, 2017, the Defendant, at around 17:20 to 17:30, installed a game machine located in Daegu Northern-gu D, Daegu-gu, “E” and “F,” and provided free gifts with multiple types of free gifts (i.e., PPPOK PPOKI) and “MARE CTRAFT 3” within the game machine, and violated the free gift treatment criteria by providing free gifts equivalent to KRW 10,000,000 within the game machine so that they can be extracted from an unspecified person.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. The defendant and his/her defense counsel asserted that the determination of a photograph of the E Game Industry Promotion Act (hereinafter "act that encourages the speculation prohibited by the Act on the Promotion of Game Industry (hereinafter "the Game Industry Act") is unfair, based only on the consumer selling price of KRW 5,000, and that the supply price of premiums offered by the defendant is less than 5,000 won.
In light of the legislative purport of Article 28 subparag. 3 of the Game Industry Act and the language of the above legal provision that intends to prevent the speculation of game products by properly regulating the method of running a game providing business in order to improve the quality of people's cultural life, if a gift is provided in violation of the types, standards, provision methods, etc. of free gifts permissible under Article 16-2 of the Enforcement Decree of the Game Industry Act directly determined as to the encouragement of speculation according to delegation of the above legal provision, it constitutes an act of offering free gifts which encourages speculation prohibited under the Act (see Supreme Court Decision 2008Do10565, Jun. 11, 2009, etc.). Further, even if the price of free gifts supplied by the Defendant is within five thousand won, according to evidence, it can be sufficiently recognized that the price of free gifts exceeds this five thousand won.