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(영문) 부산지방법원 2019.09.06 2019고단1788
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who conducts juvenile game providing business under the trade name of "C" in Busan Dong-gu B.

No game products related business entity shall promote speculation by providing free gifts, etc.: Provided, That the types of game products permitted to be used by all juveniles' game providing business entities shall comply with the standards for, and methods of providing free gifts prescribed by Presidential Decree.

Nevertheless, at around 15:00 on March 12, 2019, the Defendant: (a) kept the consumer price in the game machine of “Moitius”, a game product, in excess of 5,000 won; (b) kept kiit electrical and electronic products (consumer selling price of KRW 11,300), Dat-to-te (consumer selling price of KRW 10,350); and (c) kept kid-te-to-te-go (consumer selling price of KRW 10,350); and (d) kept Switzerland Switzerland 3.7v Kat-Galer (consumer selling price of KRW 37,442); and (c) encouraged the consumer’s conduct by keeping it as premiums of KRW 11,300,00, the consumer selling price of which exceeds 500.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on internal investigation (C control);

1. Application of each statute on photographs;

1. Relevant Article of facts constituting a crime, and Article 44 (1) 1-2 and subparagraph 3 of Article 28 of the Act on the Selection of Punishment and Promotion of Game Industry;

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

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant and the defense counsel asserted that the game result depends on the user’s real ability, and that the gift offered by the Defendant cannot be considered as a excessive benefit, thereby promoting speculation.

Article 28 of the Game Industry Promotion Act, which aims to prevent game products from speculation by properly regulating game providing business performance methods in order to improve the quality of cultural life of the people.

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