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(영문) 울산지방법원 2018.01.26 2017고정1020
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

The Defendant is a person who operates a youth game establishment, a youth game business establishment, in the name of “F” in the Dong-gu, Ulsan-si.

Premiums paid by a person who provides all game products for the youth game providing business shall not exceed 5,000 won in the consumer's sales price according to the standards prescribed by Presidential Decree.

Nevertheless, the defendant from March 17, 2017 to the same year.

4. From around 25 to above, in a room of extraction, a consumer’s selling price of KRW 10,000 was expressed as “accenture” as a gift, thereby encouraging speculation.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement to the effect that the defendant was engaged in a business of extracting figures from a person who is provided as a free gift in the police interrogation protocol (No. 12 No. 5 of evidence) against the defendant;

1. Determination as to the assertion by the Defendant and the defense counsel for each investigation report

1. The assertion by the Defendant and his defense counsel is not a high-priced product, but a good is merely a race, there is no money exchange for free gifts, and it does not constitute a case where speculation is promoted because it constitutes a relatively weak game.

2. The defendant's act of offering free gifts on the following grounds (the facts or circumstances are recognized by the evidence duly adopted and examined by this court) constitutes an act of offering free gifts prohibited by the Act on the Promotion of Game Industry, and thus, the defendant and his defense counsel's assertion is not accepted.

1) Article 28 subparag. 3 of the Game Industry Promotion Act does not encourage speculation by providing free gifts, etc.

(b) The types of, standards for, and methods of, the provision of free gifts which can be provided pursuant to the proviso to subparagraph 3 of Article 28 of the Enforcement Decree of the Act on the Promotion of Game Industry for all game products by juveniles' game providing business shall be as follows:

1. Doing free will.

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