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(영문) 수원지방법원 성남지원 2018.04.11 2018고단16
게임산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

A game products-related business entity 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, at around 16:10 on October 17, 2017, the Defendant: (a) displayed and kept a type of “C” operated by the Defendant on B1st floor in Sungnam-si, Sungnam-si; (b) provided that the Defendant displayed and kept a type of “C”, which is a game product for the entire use, in excess of the consumer price of 5,000 won in the “cirp pop,” which is a game product for the entire use, thereby promoting speculation against many unspecified persons.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant asserts that the supply price of all gifts offered by himself/herself shall not exceed 5,000 won, as he/she purchases and provides a large volume of goods produced exclusively from human extraction.

Even if the price of the gift supplied by the Defendant is within KRW 5,00,00, the penal provision shall be based on the consumer sale price, and in particular, it can be sufficiently recognized that the price of the gift offered by the Defendant exceeds KRW 5,000,00, in light of the Internet sale price of the goods identical with the packaging condition and size of the gift offered by the Defendant.

Therefore, the above argument shall not be accepted] Application of the law

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. According to Article 334(1) of the Criminal Procedure Act, the punishment shall be determined by comprehensively taking into account various sentencing conditions under Article 51 of the Criminal Act, including the records and arguments of the defendant, such as the same records of the sentencing of the defendant, age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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