Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
No. 1 through 13 of seized evidence.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment, confiscation, and collection 1.2 million won) is too unreasonable.
B. According to the evidence submitted by the prosecutor of the facts-finding inspection, even though the defendant was found to have obtained criminal proceeds of KRW 42 million in total while operating the illegal game room for about 1.40 days from September 14, 2013 to March 14, 2014, the judgment of the court below that there is no sufficient evidence to acknowledge that the defendant obtained criminal proceeds of KRW 1.2 million in addition to obtaining criminal proceeds of KRW 40,000 for four days due to each of the crimes of this case, and that there is no further evidence to support that the defendant obtained criminal proceeds of KRW 1.2 million in addition to obtaining criminal proceeds of about 4 days due to each of the crimes of this case, the judgment of the court below which ruled that
2. First of all, we examine the prosecutor’s argument of mistake of facts.
A. On December 9, 2010, the Defendant, at the Changwon District Court, sentenced six months of imprisonment for attempted larceny, and completed the execution of the sentence in a detention house on April 22, 201.
The Defendant is a person who operates a game room with no trade name on the 9th floor of the Changwon-si C building in the Changwon-si (hereinafter “instant game room”).
No one shall provide the distribution or use of a game product not classified for the purpose of distribution or use, display or keep such a game product, and shall exchange, exchange, arrange for exchange or repurchase the tangible or intangible results obtained through the use of the game product for a business.
Nevertheless, from September 14, 2013 to March 18, 2014, the Defendant established 42 game “Yatoma” game machine 13 and 29 game machine “Satoma”, which did not receive a rating in the instant game site, and provided it for the use by many and unspecified customers, and made a business of exchanging money by cash after deducting 10% of the commission for exchange from the points obtained by customers through the game.
B. The lower court’s judgment.