Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
From February 13, 2018 to February 16:30, 2018, the Defendant provided games that can extract free gifts contained in the crest machine with the trade name of “C” in Busan Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-style-style-style-style-style-style-style-style-style-style-style-style-style-style-style-style-style-style-style-style-style-style-style-style-style-style
피고인은 그 경 품의 지급기준으로 소비자판매가격 5,000원 이내로만 경품을 지급할 수 있음에도 불구하고 크레인 기계 안에 경품으로 몬스터 트럭 4 륜 RC 카( 소비자가격 22,900원), 8636 핸드 게임기( 소비자 가격 13,900원), EXQ 피 규 어( 소비자가격 14,400원) 등을 넣어 두어 소비자 판매가격 5,000원을 넘는 고액의 경품을 게임 이용자에게 지급하였다.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the police officers of the accused;
1. A report on detection;
1. An investigation report (Evidence List Nos. 3, 6, and 8) (Evidence List Nos. 3, 6, and 8 of the Act on the Promotion of the Game Industry) expressly provides that the free gifts which may be provided pursuant to the proviso of Article 28 subparag. 3 of the Act shall be not more than 5,000 won at the consumer price. In this case, consumer price shall be “the price at the general retail store” (Article 16-2 subparag. 2 of the Enforcement Decree of the same Act). According to the evidence adopted and examined by the court, the fact that the online retail price of each product stated in the facts charged by the Defendant as free gifts exceeds 10,000 won, and the Defendant submitted a trading statement stating that the above product was purchased at a price less than 5,00 won, but the price stated in the said transaction statement cannot be deemed to be the price at the general retail store at a remarkably lower price than the above online price.”
Application of Statutes
1. Article 44 of the relevant Act concerning criminal facts and Article 44 of the Act on the Promotion of the Alternative Game Industry;