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Of the judgment of the court of first instance, the part concerning Defendant C and the judgment of the court of second instance shall be reversed.
Defendant
C. Imprisonment.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor (the first instance judgment)’s failure to additionally collect KRW 10 million from Defendant A pursuant to Article 44(2) of the Act on the Promotion of Game Industry is unlawful. 2) The lower court’s respective sentence against the Defendants on unfair sentencing (the Defendant A: 10 months of imprisonment and the suspension of execution, 200 hours of community service, 200 hours of probation, 200 hours of probation, 20 years of probation, 30 hours of community service, 160 hours of probation, 8 months of imprisonment and the suspension of execution, 160 hours of community service, etc.) is unreasonable.
B. Defendant C (Article 1 and 2 of the lower judgment: 8 months of imprisonment and suspension of execution, community service 160 hours, and 2 years of imprisonment and suspension of execution) are excessively unreasonable.
2. Determination
A. We examine Defendant C ex officio with respect to the judgment of the court of first instance, and the prosecutor and the defendant C filed an appeal against the judgment of second instance, and this court decided to hold concurrent hearings with respect to the two appeals cases. Since the crimes in the first and second judgment against the defendant C are concurrent crimes under the former part of Article 37 of the Criminal Act, each of the crimes in the first and second judgment against the defendant C should be sentenced to a single sentence within the scope of a single sentence imposed in accordance with Article 38(1) of the Criminal Act, in this regard, the part against the defendant C and the second judgment of the court of first instance cannot be exempt from all reversal.
B. As to the prosecutor’s assertion on Defendant A, B, and D, 1) Article 44(2) of the Game Industry Promotion Act provides that game products owned or occupied by a person falling under the provisions of Article 44(1) of the same Act, profits generated by such criminal acts, and property derived from criminal proceeds shall be confiscated, and if such confiscation is not possible, the value thereof shall be collected additionally.
However, criminal proceeds obtained by Defendant A from the crime of this case through the use of game products.