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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal does not exceed KRW 5,00,000, value of the figure provided by the Defendant as free gifts, and thus, the Defendant did not violate the criteria for paying free gifts (defluence of facts) and promoted speculation;
Nor can see (misunderstanding of legal principles). The judgment of the court below on the defendant's punishment (2,00,000 won 2,000 won) is unfair because it is too large (unfair sentencing). 2.
A. According to Article 28 subparag. 3 of the Act on the Promotion of Game Industry and Article 16-2 subparag. 2 of the Enforcement Decree of the Game Industry Promotion Act as to the assertion of mistake of fact, a gift which can be provided in a game product by the whole use of a juvenile game providing business is the consumer selling price (referring to the selling price at the general retail store).
Only 5,000 won or less shall be applicable.
The defendant purchased most of 4,700 to 4,90 won per wholesaler at the time of the regulation of this case (the investigation records 5,56 pages). Considering the transportation expenses, storage expenses, profits, etc. of retailers in this case, the estimated selling price at a general retail store per each type of discount of this case seems to exceed 5,000 won. ② The type of person similar to the type of the person provided by the defendant is sold at retail of more than 5,000 won, and some of the types of persons can be purchased at a discount of not more than 5,00 won, even if they can be purchased at a discount of not more than 5,00 won, the discounted price is not considered as the consumer selling price (the price is more than 5,00 won, even if the materials submitted by the defendant are submitted by the defendant).
c) part;
③ In light of the fact that it is difficult to regard the lowest price sold during the market as the consumer price in light of the legislative purport of Article 28 subparag. 3 of the Game Industry Promotion Act and Article 16-2 of the Enforcement Decree of the same Act, which prohibits the act of promoting speculation by providing free gifts, etc. which exceed 5,000 won, the fact that the Defendant offered free gifts exceeding 5,000 won is sufficient.