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(영문) 서울남부지방법원 2018.06.07 2018고정402
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

A game water-related business operator shall not promote speculation by providing free gifts exceeding 5,000 won at the consumer's selling price for all the game products used by the juvenile game providing business.

Nevertheless, on October 12, 2017, the Defendant, with the trade name of “C” from 19:50 on 19:50 on Mayang-gu B and 1st, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, annan-gu, a game product for which the entire use of the game product is “C”, has been installed, and provided 18 in a personal game machine in which the consumer’s price exceeds 5,00 won as free gifts in that game machine, and promoted speculation by providing a large-scale type of a person (45-60 centimeters, 29,00-5,00 won) such as a Kap-gu type, a soft-gu, and a soft-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Juvenile game providing business operator registration certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to inquire about a price list;

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. The Defendant asserts that the Defendant’s assertion on the instant case’s gift offered under Article 334(1) of the Criminal Procedure Act is not a good, and thus, the purchase price of KRW 4,800 to KRW 4,900, because the gift offered in the instant case was not a good.

According to Article 28 subparag. 3 of the Game Industry Promotion Act, and Article 16-2 subparag. 2 of the Enforcement Decree of the Game Industry Promotion Act, the whole use of the juvenile game providing business is limited to not more than 5,000 won of the consumer selling price (referring to the selling price at the general retail store) and if it is violated, it is punished in accordance with Article 44(1) subparag. 2 of the Act.

Therefore, the standard of punishment under Article 44 (1) 1-2 of the Act is not the purchase price of the defendant, but the consumer sale price is higher, and the consumer sale price is based on the defendant.

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