게임산업진흥에관한법률위반등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor of one year and five months, and by imprisonment with prison labor of one month.
1. Summary of grounds for appeal;
A. Defendants 1) The period during which the Defendants participated in the instant gambling site business is not from June 2013 but from August 2013.
Nevertheless, the judgment of the court below that recognized the period of Defendants’ participation in the business from June 2013 was erroneous and adversely affected the conclusion of the judgment.
B) In relation to the calculation of the surcharge against Defendant A, since the statement of the Defendant and his accomplice on the revenues is merely a conjecture and cannot be used as the basis for the calculation of the surcharge, it is impossible to calculate the surcharge against the Defendant. Even if the surcharge is calculated based on the statement of the Defendant and his accomplice, the surcharge should be calculated only on the confession of the Defendant. Furthermore, even if the surcharge is calculated based on the statement of the Defendant and his accomplice, the amount of the surcharge should not be included in the surcharge. Nevertheless, the lower court ordering the Defendant to collect the surcharge of KRW 243.5 million against the Defendant, which erred by misapprehending the legal principles on the calculation of the surcharge, or by misapprehending the legal principles on the imposition of the surcharge, thereby adversely affecting the conclusion of the judgment.
The court below erred by misapprehending the legal principles as to the calculation of additional collection charges or by misapprehending the legal principles as to the calculation of additional collection charges, even though the time when the defendant started to conduct his/her business in full scale since December 2013, which affected the conclusion of the judgment.
2) The sentence imposed by the lower court on the Defendants (Defendant A: Imprisonment with prison labor for one year and six months, confiscation, Defendant B: Imprisonment with prison labor for one year is too unreasonable.
B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.
2. Determination
A. An ex officio determination prosecutor.