게임산업진흥에관한법률위반
The defendant's appeal is dismissed.
1. The sentence of the lower court (one year of imprisonment, two years of suspended sentence, confiscation, additional collection charge of 30,000,000) is too unreasonable, which is the gist of the grounds for appeal.
2. The judgment that the defendant recognized the crime and reflects it, and that the first offender who had no record of punishment prior to the instant case is favorable to the defendant.
On the other hand, the following is disadvantageous.
The Defendant’s crime of this case is highly harmful to society, such as promoting a speculative spirit to the people, impairing the awareness of sound labor, failure of home economy, etc., so it is necessary to punish them strictly.
The defendant, as the owner of the game of this case, committed a criminal act as the owner of the game of this case, and the period of illegal operation of the game of this case is about one year.
In addition, comprehensively taking account of the circumstances surrounding the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable.
On the other hand, the defendant asserts that the amount of the surcharge ordered by the court below is too large and unreasonable. However, according to the evidence duly adopted and examined by the court below, such as the prosecutor's statement protocol against the defendant, the defendant appears to have obtained a total of KRW 30 million during the illegal operation of the game of this case, and the cost spent by the defendant in order to obtain criminal proceeds in collecting criminal proceeds was spent from criminal proceeds.
Even if it is merely a method of consuming criminal proceeds, and it does not constitute deduction from criminal proceeds to be collected as additional tax (see Supreme Court Decision 2005Do7146, Jun. 29, 2006, etc.). Thus, the defendant again puts criminal proceeds acquired as above into the purchase, etc. of amusement equipment for operating amusement rooms.
Even though it is only a method of consuming criminal proceeds, it is not a deduction from criminal proceeds to be collected as additional collection for the defendant.
After all, the court below.