The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a person who is engaged in juvenile game providing business called "C" in Busan-gu B.

A juvenile game providing business entity shall provide free gifts to all users of game products in compliance with the types of premiums prescribed by Presidential Decree, standards for payment, and methods of provision.

Nevertheless, around April 25, 2019, the Defendant violated the code of practice of game products related business operators by inserting and operating a "edu-fex deposit money equivalent to 17,120 won in the market price exceeding 5,000 won, which is the payment criteria for free gifts in the apparatus extracted from the above game site."

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to each photograph and certificate of registration of juvenile game providing business operators;

1. Article 44 (1) 1-2 and subparagraph 3 of Article 28 of the Act on the Selection of and Promotion of the Game Industry for Criminal Facts, Article 44 (1) 1-2 of the Act on the Selection of Punishment

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 200 won or less, 200 won or less);

1. Considering the actual use of the machine extracted from the main point of the assertion, it is determined that the user’s real capacity becomes the main element and the acquisition and loss of the goods is determined, so the installation of the extracted machine cannot be deemed as an act promoting speculation prohibited by Article 28 subparag. 3 of the Game Industry Promotion Act.

Furthermore, it is difficult to view that the defendant was aware of illegality.

2. Determination

A. Article 2 Subparag. 1-2(b) of the 1 Game Industry Promotion Act provides that “The result determined by an incidental method” as the type of a speculative game product.

Furthermore, Article 2(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. provides "property or property from many persons."