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(영문) 서울동부지방법원 2018.02.22 2017고정979
게임산업진흥에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged of the instant case shall not be provided for the distribution or use of, or display or keep for, the game products of a content different from the content rated pursuant to the provision of the same case;

From December 27, 2016 to March 22:30, 2017, the Defendant paid as free gifts the type of goods of at least 5,000 won at the market price, in violation of the types, standards, methods of provision, etc. of free gifts determined and publicly notified by the Minister of Culture and Tourism from Seoul Special Metropolitan City Gwangjin-gu and the first floor D. From March 27, 2017.

2. According to the evidence duly adopted and examined by this court, the Defendant provided a type of Ma-type (hereinafter “the instant type”) in a game machine in the process of operating a person-type game room. On March 27, 2017, the Defendant searched bar codes attached to the instant type in a smartphone, as at the time when the investigation agency’s control was conducted, to find the fact that the online sales site was confirmed to have been KRW 12,500.

However, the Defendant submitted the data that he purchased the race of this case at KRW 4,900 per single, and the figure of this case differs in weight and shape from that of the figures sold on the Internet sales site, and it is difficult to view that the above amount is applied as it is. Meanwhile, in the process of investigating the facts charged, the investigation agency accused that the figure of this case is provided not a good in the race game site, and the same content as the facts charged of this case was revealed in the process of investigating the fact. In such a case, it is difficult to conclude that the fact that the figure of this case exceeds KRW 5,00,00, in full view of the fact that it is difficult to apply the sales of the above online sales site, and there is no other evidence to acknowledge it.

3. Conclusion.

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