The defendant shall be innocent.

1. On March 23, 2017, the summary of the facts charged is that the Defendant provided game products with the trade name “D” in Suwon-si, Suwon-si, with the game products that run the juvenile game industry, and that the Defendant provided the game products to the game products in the Dora, which is a donation of at least 5,000 won at the market price, to the Dora, which is a donation of at least 5,000 won at the Dora, Dora.

2. Determination

A. The Defendant’s summary of the Defendant’s defense is denied the instant facts charged with the purport that the Defendant only kept a monin, etc. for sale in a Do with a market price of at least 5,000 won, and did not provide it as free gifts.

B. A specific judgment 1) The prosecutor indicted the Defendant’s act on the premise that the act falls under Article 44(1)2 and Article 28 subparag. 3 of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”). Article 28 subparag. 3 of the Game Industry Act provides that “the act of providing free gifts, etc. shall not encourage speculation by providing free gifts, etc.....” In light of the purport of the above provision and the provision of Article 16-2 subparag. 3 of the Enforcement Decree of the Game Industry Promotion Act on the method of providing free gifts, it is reasonable to interpret that the act of offering free gifts is limited to the act of providing free gifts according to the result of a game using game products by a game providing business operator (see Supreme Court Decision 2005Do4401, Aug. 23, 2007).

2) The following circumstances acknowledged by the record of the instant case, i.e., (i) double machines controlled at the time (stoma stoma and stoke boxes) are game machines with free gifts displayed inside the machine (s to the left-hand display site) by gathering premiums, and directly giving free gifts, such as races, figures, etc.