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(영문) 수원지방법원 2019.05.16 2019고정6
게임산업진흥에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a game room business by mutual recognition with the name of “C” located in Suwon-si, Suwon-si B.

No game products related business entity shall promote speculation by providing free gifts, etc., the total use of which exceeds 5,00 won, for game products.

그럼에도 불구하고 피고인은 2018. 6. 18. 17:30경 위 인형뽑기 게임장에 전체이용가 게임물인 ‘D’ 1대를 설치하여 불특정 다수의 손님들에게 제공하면서 소비자판매가격 31,560원 상당의 ‘원피스 피규어 핸콕’을 경품으로 제공하여 우연의 결과에 따라 이를 취득하게 함으로써 사행성을 조장하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect's written statement;

1. Application of the Acts and subordinate statutes to photographs of control site, stophographs and 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. The summary of the Defendant’s argument regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act cannot be said to exceed KRW 5,000 as the product purchased at the price of not more than KRW 5,00,00.

In full view of the following circumstances revealed by the evidence duly adopted and examined by the court, the Defendant’s act of promoting speculation by providing free gifts exceeding KRW 5,000, as stated in the instant criminal facts, can be sufficiently recognized as violating the obligations of game products related business entities. A.

In light of Article 28 subparagraph 3 of the Game Industry Promotion Act and Article 16-2 of the Enforcement Decree of the same Act, which prohibits the act of promoting speculation by providing free gifts, etc. (referring to the selling price at general retail stores) exceeding 5,00 won.

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