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(영문) 인천지방법원 2015.10.16 2015노3031
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A did not participate in money exchange business since Co-Defendant D transferred the instant game site to Co-Defendant D on March 2015.

B. Each sentence sentenced by the court below to the Defendants (in the case of Defendant A: imprisonment of 10 months, confiscation, Defendant B: fine of 5 million won, confiscation, Defendant D: imprisonment of 10 million won) is too unreasonable.

2. Although Defendant A led to a confession of facts in the lower court’s judgment on the assertion of mistake of facts, Defendant A denied the confession of facts in the lower court’s judgment.

Therefore, as to the credibility of confession made by the defendant in the court of the court below, the content of confession itself is not objectively rational according to the records.

No evidence can be found to conflict with or contradictory to circumstantial evidence other than confessions, and there is no evidence to prove that there is no voluntariness of confessions in the grounds prescribed in Article 309 of the Criminal Procedure Act, or that there is no evidence to prove that there is no reasonable doubt in the motive or process of confessions.

Therefore, it is reasonable to view that the confession in the court of the court below by the defendant is reliable as it conforms to the truth.

In addition, the following circumstances acknowledged by the court below by integrating the evidence duly adopted and examined by the court below, i.e., "K, the spouse of the defendant, leased the game of this case, and the defendant purchased a hybrid game machine from the branch and installed it in the game of this case. ② The defendant and K visited the game of this case even after March 2015, asserting that Co-Defendant D transferred the game of this case, and even after March 2015, the defendant and K visited the game of this case. ③ The defendant and K knew that they carried on the money exchange business of the game of this case, ③ were in the game of this case, and they knew that D carried on the money exchange business.

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