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(영문) 수원지방법원 2018.04.13 2017노8716
게임산업진흥에관한법률위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal 1) The Prosecutor’s sentence (six months of imprisonment, one year of suspended execution, one year of forfeiture) is too unfluent and unreasonable.

2) The lower court confiscated evidence No. 2 of the misunderstanding of the legal doctrine on Defendant (1) even though it was not owned by the Defendant.

(2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won:

1. A person who causes others to gamble or perform other speculative acts, or leaves others unattended so that they perform such acts, in violation of subparagraph 2 of Article 28.

(3) Articles 8 through 10 of the Act on Regulation, Punishment, etc. of Concealment of Criminal Proceeds shall apply mutatis mutandis to matters related to forfeiture and collection of criminal proceeds and property derived from criminal proceeds referred to in paragraph (2).

Article 9 (Requirements, etc. for Confiscation) (1) of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds may be confiscated only where the property subject to confiscation or mixed property does not belong to a person other than the criminal.

Provided, That where a person, other than an offender, acquires the property subject to confiscation or mixed property (excluding cases where the acquisition of the property subject to confiscation or mixed property falls under the proviso to Article 4) with the knowledge of such fact after the crime is committed, the property subject to confiscation or mixed property may be confiscated even if it belongs to a person other than the offender.

1) Article 44(2) of the Act on the Promotion of Game Industry is derived from “game products owned or occupied by an offender,” “criminal proceeds,” and “criminal proceeds.”

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