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(영문) 광주지방법원 2016.07.21 2015노2582

게임산업진흥에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant, while running the game of this case in the game of this case, exchanged coophones with other customers in cash, did not engage in money exchange business.

Nevertheless, the lower court found the Defendant guilty of the charge, thereby adversely affecting the conclusion of the judgment.

2. The following facts are acknowledged according to the evidence duly adopted and examined by the court below.

At the time of seizure by the investigation agency, the defendant has a right to free use 91 (value of money exchange 9.10,00 won) and 26 (value of money exchange).

The Defendant, as a recipient of basic living under the bad credit standing in permanent rental apartments, did not have any particular property or income, except for the living cost of KRW 400,000 per month, and was liable for an amount of KRW 8 million.

The Defendant appears to have exchanged to other customers than J (Evidence No. 29-30, 57 of the evidence record, and the witness L’s legal statement in the original trial). Comprehensively considering the above facts, the Defendant’s assertion that 200,000 won per day was put into the game and obtained a free right to use the game as a result of the use of the game, and that the Defendant was in possession of the game again, is difficult to believe, and the Defendant was engaged in the business of transferring free right to use the game, which is the result obtained through the use of the game water.

Recognized.

Therefore, the facts constituting the crime against the defendant can be fully recognized in the original judgment.

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.