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(영문) 인천지방법원 2015.02.05 2014노4186

게임산업진흥에관한법률위반등

Text

The judgment below

Part concerning Defendant A and C shall be reversed, respectively.

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for defendant C.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) In addition to the money exchange through subordinate organizations such as mistake of facts, there was no fact that the Defendant directly exchanged to users of the game site in response to the request of users of the game site. Thus, there was an error in the misapprehension of the facts in the judgment of the court below on the Defendant’s criminal facts that “the principal company, by means of directly remitting to the user’s account.” 2) The sentence (one-month imprisonment) sentenced by the court below against the Defendant is too unreasonable.

B. The punishment (one year of imprisonment and three years of suspended execution) imposed by the court below against the defendant B (unfair punishment) is too unreasonable.

C. Defendant C (unfair punishment)’s punishment imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

According to the evidence duly submitted by the prosecutor (Defendant A and C), the part of the facts charged in the instant case’s “assumptive amount of KRW 540,057,536 per day, and had game play games” under paragraph (1) of the facts charged in this case, the lower court acquitted Defendant A and C on the ground that it is difficult to recognize the above amount. (2) The above sentence imposed by the lower court on Defendant A and C is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by the lower court to comprehensively consider the evidence duly adopted and examined by Defendant A’s assertion of misunderstanding of facts, namely, the gambling program site developed by Defendant B, which was recorded in the facts charged of this case. Defendant B stated that the method of exchange for the said game was available through the manager or that it was possible to directly exchange the said game at the head office; ② The term “general refund management” in the page of the “U” used exclusively for the manager of the “O”, “store-member,” “store-member,” and “principal store” are the head office and members.