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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant operates ‘F' as a juvenile game establishment in Kimcheon-si E and 109.
A game products-related business entity shall not promote speculation by providing free gifts, etc., and shall not provide free gifts, such as the pets, etc., the consumer selling price of which is at least 5,000 won, even if the whole use of the game products by the business of providing youth games is permitted by Presidential Decree.
Nevertheless, at around 11:25 on March 8, 2017, the Defendant: (a) set up 6 streth game machine (Mammos 6) at the said establishment; and (b) promoted speculation by providing free gifts equivalent to KRW 15,000 each, such as character character type Accenture, Accenture, and Ahroki, to many unspecified people who have been customers.
Summary of Evidence
1. Partial statement of the defendant;
1. The defendant and his defense counsel asserted to the purport that the "act promoting speculation" of the Game Industry Promotion Act (hereinafter referred to as the "Game Industry Promotion Act") should not be determined on the basis of only the consumer selling price of free gifts, and that the acquisition and loss of free gifts can not be determined due to friendlyness. Thus, the defendant did not promote speculation.
However, in light of the legislative purport of Article 28 subparag. 3 of the Game Industry Act and the language and text of the above legal provision, in order to prevent game products from speculation by properly regulating the method of running a game providing business in order to improve the quality of people's cultural life, the subject of the prohibition pursuant to the above legal provision is "act of promoting speculation by providing free gifts, etc.", and if a game providing business operator provided free gifts in violation of the type of free gifts permitted pursuant to Article 16-2 of the Enforcement Decree of the Game Industry Act, which provides for the promotion of speculation by delegation of the above legal provision, is governed by the Game Industry Act.