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(영문) 춘천지방법원 강릉지원 2017.10.12 2017노269
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant did not participate in the operation of an illegal game room using a DNA game machine (defendant 1).

B. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. We cannot accept the Defendant’s assertion of mistake of facts on the following grounds.

1) A public offender C had “Operation of the game forum for the Defendant’s proposal” in the prosecution (2 and 3 statements).

(C) The statementer (C) bears the cost of operating this game room (such as lease cost, purchase cost of game machine, and equipment cost), and the Defendant did not bear the cost.

The statementer is a person other than the defendant, and it was difficult to operate the game room without the defendant.

The defendant color the place where the game is to be used and the building owner is confined to the person who made the statement.

On the other hand, only the building owner entered into a lease contract.

Game machines have also been colored by the defendant.

In the game market, the amount after deducting the operating expenses of the game room is divided into half of the game machine provider and the remainder is divided into half of the statement and the defendant.

The defendant's role stated that "the transmission of text messages advertising many unspecified people and the overall management of businesses such as customer reception and employee management," and the court (the third statement) as the customer stated in the prosecutor's office (the defendant's office) that "in doing the business game in this case, the defendant's game does not know that the game in this case is not well-grounded from customers, the defendant will be next to the customer if he knows that the game is not well-grounded."

The crypted cryr

“Along with the demand from customers to exchange a card,” the said employee made a statement to the effect that the card was replaced by the card.

2) At the time of the prosecutorial investigation, the Defendant made a statement to acknowledge this part of the facts charged.

The defendant denies the facts charged in court.

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