게임산업진흥에관한법률위반등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Although the profit of the defendant obtained by mistake of facts is limited to KRW 100,000 per day, the court below calculated the daily profit as KRW 1.6 million and the business day as stated in the judgment of the court below as KRW 28,000 in relation to the crime No. 1 as stated in the judgment of the court below, and calculated the daily profit as KRW 50,000 and the business day as KRW 48,30,000 in total as stated in the judgment of the court below, and collected it. Thus, the court below erred by misunderstanding the fact about the scope of collection and thereby affecting the judgment
B. In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the court below (two years of suspended sentence in August) is too unreasonable.
2. Determination
A. In order to obtain criminal proceeds in determining the assertion of mistake of facts, the cost spent by the offender was spent from the criminal proceeds.
Even if it is nothing more than a method of consuming criminal proceeds, it shall not be deducted from criminal proceeds to be collected as additional collection.
(See Supreme Court Decision 2008Do11789 Decided February 12, 2009, etc.). The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, B, which managed the business account book, stated that the daily profit of the head of the first game as stated in the judgment of the court below is an average of KRW 1.6 million (Evidence No. 87). C, which exchanged in Chapter 2 of the judgment of the court below, stated that when the daily profit of the head of the second game as stated in the judgment of the court below exceeds 90,000 won when the daily profit of the head of the second game as stated in the judgment of the court below is high (Evidence No. 31 of the evidence record), the defendant stated that the head of the first game as stated in the judgment of the court below brought about several hundred thousand won per day after deducting it from the first game (Evidence No. 133 and No. 158 of the evidence record).