게임산업진흥에관한법률위반
The judgment of the court below is reversed.
Defendant
C A person who is punished by imprisonment for one year, or by imprisonment for eight months.
Defendant
C 1.2
1. Summary of grounds for appeal;
A. In the wind that Defendant C (1) mistake of facts and misapprehension of legal principles (additional collection) bring about criminal proceeds to be attributed to Defendant C, the criminal proceeds actually earned by Defendant C while operating the game room shall not be more than KRW 10 million.
(2) The sentence imposed by the lower court on the Defendant (a 1 year of imprisonment, a 39.5 million won penalty) is too unreasonable.
B. (1) The profits earned by Defendant E (1) by mistake of facts and misunderstanding of legal principles (additional collection) in the course of operating a game room shall not exceed KRW 2.5 million.
(2) The sentence imposed by the lower court on the Defendant (an additional collection of 8 months of imprisonment and 4.5 million won) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. The purpose of collection under Articles 8 through 10 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, which are applied mutatis mutandis pursuant to Article 44(3) of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) is to deprive Defendant C of unlawful profits and prevent him/her from holding it. Thus, where several persons jointly gain profits from a crime under any subparagraph of Article 44(1) of the Game Industry Act, only the distributed amount, i.e., the profit actually accrued, shall be individually confiscated and collected, and where the distributed amount cannot be determined, the distributed amount shall be confiscated and collected equally.
(2) In light of the following circumstances acknowledged by the court below and the court below’s duly admitted and investigated evidence, Defendant C’s criminal proceeds derived from the game room on the instant case No. 2013No. 118 (hereinafter “instant game room”) are KRW 3.75 million, and criminal proceeds derived from the game room No. 2013No. 180 (hereinafter “instant game room”) are 16 million.