(영문) 창원지방법원 2014.07.09 2014노895 | 리걸엔진

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(영문) 창원지방법원 2014.07.09 2014노895

게임산업진흥에관한법률위반

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1. The part concerning Defendant D among the judgment below is reversed.

2. Defendant D shall be punished by imprisonment with prison labor for a year and two months;

3...

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (one year and two months of imprisonment) is excessively unreasonable.

B. Although Defendant D’s revenues from the business of the illegal game room of this case should be collected additionally, the lower court erred by omitting additional collection of Defendant D and thereby affecting the conclusion of the judgment. 2) The lower court’s sentence against Defendant A and B (Defendant A: 10 months of imprisonment, 2 years of suspended execution, 2 years of probation, and 5 million won of fine) is unreasonable.

2. According to Article 44(2) of the Act on the Promotion of Game Industry as to the Prosecutor’s argument of misapprehension of the legal principles, profits earned from the operation of an illegal game room, such as having a speculative act by exchanging game products and using game products, should be confiscated as necessary, and if it is impossible to confiscate such profits, the equivalent value should be collected.

In full view of the statement of the suspect interrogation protocol as to Defendant D (Evidence No. 837,839), investigation report (based on calculation of criminal proceeds), No. 879 of the No. 879 of the No. 32,850 of the No. 46,450 of the profits earned from the operation of the game room in the name of an accomplice B, Defendant D wired KRW 8,460,00 of the profits earned from the Internet game business in the name of an accomplice B, and stored KRW 1,604,450 of the profits earned from the Internet game business in the name of T, and 1,604,737,30 of the profits earned from the Internet game business in the name of an accomplice (the amount obtained by deducting KRW 46,732,850 of the profits paid from the game expense). Thus, Defendant D’s total amount falls under 10,064,450 of the profits earned from the operation of the game of this case.

Therefore, the amount of the additional collection against Defendant D is KRW 10,064,050, and the lower court did not collect the amount from Defendant D. In so doing, the lower court erred by misapprehending the legal doctrine on the necessary additional collection, thereby adversely affecting the conclusion of the judgment. The Prosecutor’s allegation pointing this out is with merit.

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