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(영문) 서울중앙지방법원 2020.10.16 2019노4085
게임산업진흥에관한법률위반
Text

1. All the judgment of the court below is reversed.

2. The defendant A shall be punished by imprisonment with prison labor for ten months;

However, the defendant A.

Reasons

The summary of the grounds of appeal is that all customers are not exchanged, so only money exchange-related to money exchange shall be collected, and even in the case of money exchange-related collection, the amount equivalent to money exchange shall be deducted for customers.

The court below erred in calculating the total amount of money invested in the game machine as an additional collection amount.

Ultimately, the criminal proceeds of the defendant cannot be collected as additional collection because it is impossible to specify the criminal proceeds.

The punishment sentenced by the court below on unreasonable sentencing (ten months of imprisonment, confiscation, and collection) is too unreasonable.

Defendant

B Imprisonment (one year of imprisonment, confiscation) declared by the court below is too unreasonable.

Defendant

C In determining the misunderstanding of facts and the amount of additional collection as to the collection of the judgment of the court of first instance, the amount exchanged to customers shall be deducted.

Ultimately, the criminal proceeds of the defendant cannot be collected as additional collection because it is impossible to specify the criminal proceeds.

The punishment sentenced by the court below on unreasonable sentencing (one year and two months of imprisonment, and additional collection) is too unreasonable.

The punishment sentenced by the lower court (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

The prosecutor (defendant D) was aware of the fact of money exchange.

Judgment

Defendant

As to the assertion on A collection, the lower court determined that the amount of additional collection for the Defendant was KRW 21,619,500, according to the Prosecutor’s old sentence.

According to the records of the claim for the preservation for collection (2018 early 2917), the above amount is the amount calculated by subtracting the cash of KRW 2,162,00,00, confiscated from the total of KRW 45,401,00,000, from the cumulative settlement amount of the game of this case, from the total of KRW 45,401,00,000, 2,162,00) ± 2.

It is not necessary to prove strictly because it is not related to the facts constituting the elements of crime, but also it is also recognized by evidence, and if it is impossible to specify the criminal proceeds subject to confiscation or collection, it shall not be collected additionally.

In addition, if there is money exchanged to game users, the profit from the crime is gained.

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