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(영문) 청주지방법원 2018.07.27 2018노241
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing)’s punishment imposed by the lower court (i.e., imprisonment for six months, suspension of execution for two years, community service 40 hours, additional collection for 12,00,000 won) is too unreasonable (in particular, the amount of additional collection calculated by the lower court is so excessive that it is unfair). (ii) Defendant B and C used most of the operating earnings of the game site as remuneration, remuneration, and other costs and were in a state of deficit.

B) The lower court, without a clear ground, does not require additional collection of money paid by Defendant C, an employee of the game room, who is an employee of Defendant B and C, on the basis of the revenue stated by the Defendants, as well as the amount of additional collection.

D) As above, the court below erred by misapprehending the legal principles as to the calculation of additional collection of criminal proceeds and by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court (Defendant B: imprisonment of April, suspension of execution, two years, confiscation, additional collection 12,985,714 won / Defendant C: imprisonment of April, suspension of execution, two years of social service, 40 hours of additional collection, 31,478,571 won) is too unreasonable.

2. Judgment on the grounds for appeal

A. Defendant B and C’s assertion of misunderstanding of facts and misapprehension of legal principles

Even if it is merely a method of consuming criminal proceeds, it is not a deduction from criminal proceeds to be collected (see Supreme Court Decision 2008Do11789, Feb. 12, 2009, etc.). (B) The court below's decision is just in accordance with the above legal principle where the court below, while operating the game room, additionally collected all the amount of the revenue which has not been deducted from wages, rental fees, and other expenses, considering it as the revenue.

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