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(영문) 서울동부지방법원 2013.05.30 2012노1329
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (fact-finding) is as follows: ① the Defendant established a money exchange facility with KRW 10 million for E; ② the Defendant introduced a money exchange business to E; ③ the Defendant’s son prepared a money exchange plan for the money exchange facility; and ③ The above indirect facts alone are difficult to recognize that the Defendant is in the real-ownership status of the money exchange facility; and the evidence submitted by the Prosecutor alone did not prove that the facts charged in the instant case were not proven without reasonable doubt; and even though the above indirect facts acknowledged by the lower court, the lower court denied the fact-finding despite the fact-finding that the Defendant was involved in the operation of the money exchange facility.

2. The facts charged of this case and the facts charged of this case’s judgment are as follows. While the court below acknowledged indirect facts such as the summary of the grounds for appeal, the above facts alone involved in the operation of the exchange center.

Inasmuch as there is insufficient evidence to prove that profits accrued from the operation of a money exchange station or from the operation of a money exchange station accrue to the defendant, it is difficult to view that the above circumstances alone proved that the defendant was in the status of actual ownership that he operated a money exchange station on his own account and received profits, without reasonable doubt, and thus, acquitted the charges of this case pursuant to the latter part of

3. As evidence to prove the facts charged in this case’s judgment, G’s investigation agency and the court of original instance and the court of original instance, E’s legal statement at investigation agency and the court of original instance, F’s investigation agency and the court of original instance, F’s legal statement, Defendant, G, F, and E’s cell phone telephone telephone contents copy, investigation report (Evidence No. 98 pages) etc.

G. (i) The credibility of the G’s statement is examined in the record.

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