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(영문) 의정부지방법원 2018.01.23 2017노3020
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable to order an additional collection of KRW 21.6 million to the Defendant according to the determination of profits set by the lower court by mistake or misunderstanding of facts.

2) The sentence of the lower court (a 6 months of imprisonment, 2 years of suspended sentence, 200,000 won for additional collection, 21.6 million won) is too unreasonable.

B. Defendant B and C’s punishment (Defendant B: imprisonment of 8 months, imprisonment of 8 months, and collection of 2,1840,00 won) is too unreasonable.

2. Determination

A. On the grounds that Defendant A’s net profit per day was KRW 200,000 or KRW 300,000,000 per day at an investigative agency, and that the operating period was 108 from April 24, 2017 to August 9, 2017, the lower court collected 21.6 million won against Defendant A (=200,000 won x 108 days).

2) Whether the subject of confiscation or collection is subject to strict proof or the amount of collection is not required (see Supreme Court Decision 2006Do9314, Mar. 15, 2007). The following circumstances acknowledged by the above legal principles and the evidence duly adopted and investigated by the court below: ① The game site of this case was installed at 60 prices for the game of this case and offered for use by many and unspecified customers; ② The J which reported the illegal exchange of the game of this case at an investigative agency, ② the game of this case was used at an investigative agency for the game of this case for 10 hours a day by using the game of this case for 30 million won a day, 1.3 million won a day by using the game of this case, 30 million won a single game of this case, 30 million won a single person, 1.3 million won a single person, and 30 million won a statement at the time of the search and seizure of the game of this case, and 30 million won a statement at the time of the exchange of this case.

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