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(영문) 대법원 2020.09.24 2020도8884

게임산업진흥에관한법률위반등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court convicted the Defendant of violation of the Act on the Promotion of respective Game Industry among the charges charged, and upheld the first instance judgment that collected KRW 155,323,754 from the Defendant.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on money exchange and additional collection under Article 32(1)7 of the Game Industry Promotion Act.

The argument that there was an error of misunderstanding of facts or misunderstanding of legal principles as to the part of violation of the Copyright Act among the facts charged against the Defendant is not a legitimate ground for appeal since the Defendant’s ground for appeal or the lower court’s judgment did not consider it as subject to ex officio.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.