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(영문) 부산지방법원 2016.12.01 2016노1816

게임산업진흥에관한법률위반

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The judgment of the court below is reversed.

Defendants shall be punished by a fine of three million won.

The above fines are imposed by the Defendants.

Reasons

1. The summary of the grounds for appeal does not have a fact that Defendant A did not exchange at the game site of this case, and Defendant B did not have a fact that Defendant A did not allow the game site of this case to do an act of exchange.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2. We examine ex officio the Defendants’ grounds for appeal prior to the judgment on the grounds for appeal.

In the trial of the case, the prosecutor filed an application for modification of a bill of amendment with the content that "the prosecutor changed "......." from among the facts charged in the case of this case, "the prosecutor changed "......" to "the head of the Si/Gun/Gu," and the second part of the second part of the second part of the case, "the prosecutor changed "the business that encouragess speculative acts, such as dividing the right of use without the right of use and exchanging cash suitable for the amount of the oophone, and inserting it in the game machine by exchanging the right of use with the right of use without the right of use, thereby promoting speculation by providing free customers with the right of use that gives property value to the result of the game."

However, despite the above reasons for ex officio destruction, the Defendants’ assertion of mistake falls under the subject of the judgment of this court, and this is examined below.

3. The defendants asserted that the judgment of the court below is identical to the above assertion of mistake of facts, and the court below rejected the above assertion in detail under the title "the judgment of the defendants' assertion". The court below rejected the above assertion in light of the circumstances such as the statements duly adopted and investigated by the evidence, and the following circumstances recognized by these evidence, i.e., exchanging game results in the game of this case at the same type as the game of this case.