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(영문) 창원지방법원 2020.06.26 2019고정603
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who conducts juvenile game providing business under the trade name of "D" on the third floor in Busan-gu B.

No game products related business entity shall promote speculation by providing free gifts, etc.

Nevertheless, at around 20:15 on April 25, 2019, the Defendant provided a large number of unspecified customers who find out a place where the product exceeds 5,000 won of consumer sales price, which is the payment criteria for premiums, at the online shopping mall in the online game room.

As a game products related business entity, the Defendant provided free gifts, etc. to promote speculation.

Summary of Evidence

1. Detection report, detection photographs, closure photographs of online stores (E) and closure photographs of the sales of used products;

1. Application of Acts and subordinate statutes on internal investigation reports (fields and photographs of goods kept therein);

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Since the price of the whole part as stated in the summary of the argument does not exceed 5,00 won, the defendant did not violate the payment criteria of free gifts.

2. Determination

A. According to Article 28 subparag. 3 of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) and Article 16-2 subparag. 2 of the Enforcement Decree of the Game Industry Promotion Act (hereinafter “Enforcement Decree of the Game Industry Act”), game products related business entities shall not encourage speculation by providing free gifts, etc.: Provided, That the free gifts (e.g., complete implements, phrases, etc.) which can be provided by the entire use of juvenile game providing business entities in game products shall not exceed 5,00 won of the consumer selling price (referring to the selling price at general retail stores).

The Game Industry Act;

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