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(영문) 서울북부지방법원 2020.01.16 2019노1605
게임산업진흥에관한법률위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1 recognized the facts charged by the Defendant himself. However, since the money collected from the game machine from 10:0 a.m. to 2:00 p.m. is also included in the reserve fund necessary for the operation of the game room, it was presumed that the lower court presumed that the daily average sales was greater than this. In addition, since the Defendant was both confiscated 80 game machine due to the instant crime and closed down the business of the game room, it was presumed that the lower court presumed that the Defendant continued to engage in illegal transshipment business and that the instant game room business was managed in a professional and organized manner without changing the name of the Defendant. 2) The lower court’s punishment against the Defendant is unreasonable.

B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles are not joint principal offenders, since the Defendant collected money from a game machine and recorded the amount thereof in a simple book, and received personal request from customers, it is merely an aiding and abetting offender, not a joint principal offender. (2) The lower court’s sentence on the Defendant of unfair sentencing is too unreasonable.

C. Defendant C1 of the misapprehension of the legal doctrine did not participate in the game room business of this case, and only a simple employee who only exchanged an IC card in cash if customers wish to do so, and thus, is not a joint principal offender. (2) The lower court’s sentence on the Defendant of unreasonable sentencing is too unreasonable.

Although the criminal proceeds acquired by Defendant A due to the instant crime committed by the prosecutor was KRW 59,200,000, the court below did not order the collection on the ground that the criminal proceeds were not specified, and there was an error of law by misunderstanding the facts or by misapprehending the legal principles in the additional collection part of

2. Determination on the grounds for appeal

A. As to Defendant A’s assertion of mistake of facts

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