Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a person who is engaged in the juvenile game industry under the trade name of “E” in Sungnam-si, Sungnam-si.

No game products-related business entity shall promote speculation by providing free gifts in excess of 5,000 won in the consumer selling price (referring to the selling price at the general retail store) for the game products that are all used by a juvenile game providing business entity.

그럼에도 불구하고 피고인은 2017. 3. 21. 14:46 경 위 ‘E ’에 설치된 전체이용 가 게임 물인 ‘ 코 코 짱 (COCO ZZANG)' 크레인 게임기에 소비자판매가격 5,000원을 초과하는 ’ 나 옹이 봉제 인형 30cm '를 경품으로 제공하여 사행성을 조장하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site photographs, minimum search by the Internet, and game explanatory notes;

1. In the investigation report (the selective verification report of the type of goods in this case) [the defendant and his defense counsel are unfair to determine only the consumer selling price of KRW 5,000 based on the consumer price of KRW 5,00 and to encourage speculation as prohibited by the Game Industry Promotion Act (hereinafter referred to as the "Game Industry Act"), and the defendant asserts that the supply price of free gifts offered by the defendant is less than KRW 5,000.

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, if a gift is provided in violation of Article 16-2 of the Enforcement Decree of the Game Industry Act, which is directly prescribed as to the encouragement of speculation according to the delegation of the above provision, such provision constitutes an act of offering gift which encourages speculation prohibited under the law of the game industry (see Supreme Court Decision 2008Do10565, Jun. 11, 2009, etc.). In addition, if a gift is provided in violation of Article 16-2 of the Enforcement Decree of the Game Industry Act, which is directly prescribed as to the encouragement of speculation pursuant to the delegation of the above provision.