logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.12.15 2017구단11300
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, in the name of “C” in Kimcheon-si B, set up a character game machine (hereinafter “instant game machine”), which is a game for the entire use of the game (hereinafter “C store”), and provided a character character type equivalent to 15,000 won, which is the complete shape, with the gift of the instant game machine.

B. On July 13, 2017, the Defendant rendered a disposition of one month of the suspension of business (hereinafter “instant disposition”) on the ground that the Plaintiff, on June 15, 2017, provided free gifts exceeding 5,000 won in violation of the matters to be observed by game products related business entities under Article 28 Subparag. 3 of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) and Article 16-2 Subparag. 2 of the Enforcement Decree of the same Act, thereby encouraging speculation.

C. After that, on October 16, 2017, the Defendant rendered a disposition of business suspension for the Plaintiff on the grounds that the disposition of business suspension for the first month was excessive and changed to the disposition of business suspension for 15 days.

[Ground of recognition] Facts without dispute, Gap evidence 2, 7 evidence, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the gift provided in the game of this case was legally permitted, and the consumer price of the gift was allowed even if it exceeds 5,000 won, and the defendant invested a huge amount of money in the game of this case, and the disposition of this case is considerably damaged. Considering the disadvantage suffered by the plaintiff due to the disposition of this case and the above circumstances, the disposition of this case is unlawful as it is in deviation from and abuse of discretionary authority.

(b) as shown in the attached Form of the relevant statutes;

C. In full view of the following circumstances acknowledged by comprehensively taking account of the overall purport of the evidence presented in the first instance judgment, the Plaintiff’s disadvantage suffered by the instant disposition and others.

arrow