게임산업진흥에관한법률위반
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Defendant A’s imprisonment (one year of imprisonment and 17 million won of additional collection charges) is too unreasonable.
B. Defendant E’s imprisonment (two years of suspended sentence in October, probation and community service work hours in 180 hours, additional collection charges 25 million won) is too unreasonable.
In particular, the surcharge has been calculated too much compared to other accomplices.
2. Determination
A. The fact that Defendant A recognized his mistake and that Defendant A participated in the instant crime as the proposal C and M is favorable.
① However, the Defendant actually operated and managed the game of this case by purchasing a game machine and employing employees, and ② the Defendant had a criminal record of a fine for the same kind of crime around 2007 (the Defendant was sentenced to a fine of KRW 4 million as a violation of the Game Industry Promotion Act that “from November 26, 2006 to December 21, 2006, provided the same place as the game of this case with a content different from that of the game of this case”) ③ The period of operation of the game of this case is not less than four months, and in particular, even after it was controlled by the police on December 11, 2012, taking into account the circumstances, such as the Defendant’s age, character, character, occupation and environment, motive and circumstance leading to the instant crime, and the circumstances after the crime, etc., the Defendant’s argument that the sentence of the lower court is too unreasonable is unreasonable. Therefore, the Defendant’s assertion is without merit.
B. Defendant E’s error in determining the allegation of unfair sentencing is recognized, and the fact that Defendant did not have the same criminal record is favorable.
However, the Defendant invested KRW 25 million in money necessary for the purchase of a game machine, and then received criminal proceeds from the operation of the game room, etc., and then was disadvantageous to the Defendant, such as the degree of his/her participation in the competition, and his/her age, character, occupation, and job.