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(영문) 대구지방법원 2014.11.14 2014노3230

게임산업진흥에관한법률위반등

Text

The judgment below

All parts of the defendant A and C shall be reversed.

Defendant

A and C shall be punished by imprisonment for eight months.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court against Defendant A and C (Defendant A: imprisonment of 8 months, confiscation, additional collection of 7.5 million won, Defendant C: imprisonment of 8 months, confiscation, additional collection of 16.5 million won) is too unreasonable.

B. The prosecutor (as to the defendants: imprisonment of 8 months, confiscation, additional collection of 7.5 million won; imprisonment of 6 months and suspension of execution; probation, community service, 200 hours; confiscation; confiscation; and collection of 16.5 million won) that the court below declared against the defendants are too unfasible and unfair.

2. Determination

A. As to the assertion of unfair sentencing on Defendant A with respect to the assertion of unfair sentencing on Defendant A, Defendant A, and the Prosecutor, together with each other, engaged in the instant crime by promoting an excessive speculative spirit, impeding sound labor, thereby causing significant social harm. As to the organized and planned crime committed in the order of “operating headquarters and total board,” such as the instant Internet gambling, there is a need for strict punishment. Defendant A took part in the instant crime by delivering a cash card, etc. to withdraw the criminal proceeds of the Internet gambling site, knowing that the deposit account was a large passbook, and then withdrawing and delivering a considerable amount of 60 million won of criminal proceeds over 16 times, and that the degree of participation is not easy.

On the other hand, the defendant led to the confession of the crime and living under confinement for about seven months, and the defendant took part in the crime of this case by receiving KRW 2.5 million per month according to the proposal of J, who is an accomplice, and the defendant seems to have taken part in the crime of this case. The defendant's profits acquired by the crime of this case are not more than five months, the period of participation is not less than five months, and the defendant has no criminal record of the same kind.