게임산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The owner of the game of this case of mistake of facts is L, the defendant is merely an employee employed by L, and there is no fact that the defendant led the crime of this case or has enjoyed criminal proceeds therefrom.
Nevertheless, the judgment of the court below that deemed the defendant as the actual business owner of the game of this case is erroneous in misconception of facts.
B. The sentence imposed by the lower court (one year of imprisonment, confiscation, additional collection of 34,801,00 won) is too unreasonable.
2. Before determining the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in indictment with the following criminal facts in the trial before determining the grounds for appeal by the defendant's ex officio. Since this court permitted this, the judgment of the court below can no longer be maintained as it is.
3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the above argument, on the ground that there is a ground for ex officio reversal. The court below's decision is reversed and it is again decided as follows.
[Grounds for the judgment of multiple times] The criminal defendant is the head of the business division of L in B and B from May 2018 to September 5, 2019, operated by the two preceding North Korean Dos, and managed the game room, such as the employment and management of employees of the game room, and the settlement of profits. D is the person who worked for the game room from July 2018 to September 5, 2019, while E is the employee of each of the above game rooms from September 2018 to July 2019.
No one shall engage in the business of exchanging or arranging exchange or repurchase tangible and intangible results obtained through the use of game products.
Nevertheless, if you receive a request for exchange of points obtained through games from many unspecified customers who visited the game site in collusion with L, they shall guide the above customers, and the defendant shall be given points obtained by the above customers.