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(영문) 창원지방법원 2013.10.17 2013노1196

게임산업진흥에관한법률위반

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of two years and six months, each of the defendants B and C shall be punished by imprisonment with prison labor of six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts as to the facts of “2013 Godan235” as indicated in the judgment of the court below, Defendant A is a building of an empty factory in the window of Changwon-si at the request of Defendant B (hereinafter “instant factory building”).

(2) The lower court found the Defendant guilty of this part of the facts charged, which led to the misunderstanding of the facts and adversely affecting the conclusion of the judgment. (2) The sentence imposed by the lower court of unreasonable sentencing (one year of imprisonment, one additional collection) is too unreasonable, even though it was involved in the lease of a game room and did not operate the game room in the instant factory building as the owner of the game room.

B. The prosecutor, the defendant B, the defendant B, the defendant B, and the defendant C alleged that the punishment sentenced by the court below (each of four months of imprisonment and each confiscation) is too unreasonable, and the prosecutor asserts that the punishment sentenced by the court below against the defendant B and C is too uneasible and unfair.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to Defendant A’s assertion of misunderstanding of facts: (a) Defendant A provided game products not rated as the actual owner of the instant factory by leasing the instant factory building and operating the game site; and (b) exchanged intangible results obtained through the use of the game products.

(1) The Defendant directly leased the instant factory building through a real estate agent, and directly paid the lease deposit and monthly rent.

(2) At the time of the lease agreement for the instant factory building, Defendant A entered the above phone number in the factory lease agreement, and Defendant A subsequently made a telephone call once or twice due to the real estate real estate agent and payment of rent, etc. introduced the instant factory building using the above phone in relation to the factory warehouse lease agreement.

(3) above X.