Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

Any person shall not promote speculation by providing free gifts, etc., and the standard for providing free gifts shall be not more than 5,000 won in consumer selling prices (referring to selling prices at general retail stores).

Nevertheless, from December 2, 2016 to November 27, 2017, the Defendant violated the code of practice for game water-related business operators, such as installing and operating a 13-type sports machine by extracting a total of 13 figures from “F” located in Songpa-gu Seoul, Songpa-gu, Seoul, and providing a form exceeding 5,000 won at consumer prices.

Summary of Evidence

1. Arrest reports and investigation reports of each case (the sequence 13 of the list of prosecutor evidence);

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Article 44 of the relevant Act on criminal facts, Article 44 (1) 1-2 of the Act on the Promotion of Alternative Game Industry, and Article 28 subparagraph 3 of the same Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The alleged type of game machine shall not be deemed to encourage speculative acts, as it does not correspond to the nature of operating the game at a low price and determining the gain and loss of property by chance. The type of figures, etc. provided by the defendant as free gifts while operating a artificial extraction room shall not be determined in a lump sum by the goods purchased by the defendant at a price not exceeding 5,000 won.

2. Determination

A. In light of the legislative purport of Article 28 subparag. 3 of the Game Industry Promotion Act and the language and text of the above legal provision, Article 16-2 subparag. 2 of the Enforcement Decree of the same Act, which provides for the provision of free gift payment (price) according to delegation of the above legal provision, is directly related to the promotion of speculation.