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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant A’s assertion of misunderstanding of facts (2012 senior group 11265), Defendant A’s game room on the first floor AE underground of Bupyeong-gu Incheon Bupyeong-gu, Incheon (hereinafter “instant game room”), Defendant A did not have invested or received any distribution of profits, nor visited the above game room, and merely introduced Defendant B to AD who operated the above game site independently, as the head of the bar office, but the lower court convicted Defendant A of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.
B. The sentence (Defendant A: imprisonment with prison labor for three years, confiscation, collection of 20 million won, Defendant B: imprisonment with prison labor for three years, and 8 months) declared by the court below on the Defendants’ assertion of unreasonable sentencing is too unreasonable.
2. Judgment on Defendant A’s assertion of mistake of facts
A. In light of the following circumstances acknowledged by the lower court and the court’s duly admitted and examined evidence, it is sufficiently recognized that Defendant A conspired with AD to operate the instant game site from April 30, 2012 to May 24, 2017:00, provided customers with “marine out-of-sea” game products not classified, and conducted money exchange business of the outcome obtained through the said game.
At the time of prosecutor's investigation, Defendant A made a statement that "I, as at the time of the prosecutor's investigation, I leased a place to be used as the game of this case with AD, purchased the game machine, purchased the game machine to be used as the game of this case, followed by Defendant B as the head of B's branch, followed by employees, and attempted to divide profits later, I would like to operate the game of this case together with AD."
In addition, at the time of prosecutorial investigation, Defendant B is the actual president of the game site in this case, and Defendant B is the president who Defendant A employs himself.