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(영문) 수원지방법원 2016.10.19 2015노7435

게임산업진흥에관한법률위반등

Text

The judgment below

Among them, the part of additional collection against the defendant shall be reversed.

14,490,750 won shall be collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles regarding additional collection (1) Since the instant criminal facts are calculated from January 20, 2014, the amount of KRW 8,367,00 from January 1, 2014 to January 19, 2014 among the criminal proceeds collected as additional collection should be excluded from the amount of criminal proceeds.

(2) As the defendant is also entitled to refund a game money again to money exchange exchange, the defendant shall also exclude the amount of KRW 2,353,000 from the criminal proceeds acquired by the defendant.

③ Based on the foregoing, 5,610,00 won in total of the criminal proceeds derived from realizing property is divided to 5:5 other accomplices, and thus, the criminal proceeds allocated to the Defendant are half of the criminal proceeds. All of them are KRW 27,805,00,000, which is the principal offender, and there is no criminal proceeds acquired by the Defendant in this case.

(4) It is difficult to grasp the scale of profits distributed between the head offender and the defendant.

Even if the defendant and theO are equally divided, the amount shall be additionally collected.

B. The sentence of unfair sentencing (one year of imprisonment, two years of suspended execution, and probation) by the lower court is too unreasonable.

2. In full view of the following facts and circumstances recognized by the lower court based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of legal doctrine, it can be recognized that the amount of additional collection against the Defendant would be KRW 14,490,750.

Nevertheless, the judgment of the court below which collected KRW 33,156,00 against the defendant is erroneous in misconception of facts.

① The amount remitted by the Defendant from money exchange out of the game money exchange from January 1, 2014 to June 2, 2014 is 50,642,50 won, and the amount remitted from money exchange out of the game money exchange from July 17, 2014 to September 8, 2014 is 15,687,50 won.

On January 18, 2014, the Defendant concluded a lease agreement with regard to 813 U.S. International Officetel in Seongbuk-gu, Sungnam-si, and began to commit the crime at the above place from January 20, 2014. As such, the amount of KRW 8,367,00 shall be from January 1, 2014 to January 19, 201.