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(영문) 대구지방법원 2018.10.19 2018노2776
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was merely an employee at A’s workplace, and did not commit the instant crime in collusion with A.

B. The sentence that the lower court sentenced the Defendant to the sentencing unfair is too unreasonable. (The penalty amount of KRW 3,00,000)

2. Determination

A. (1) As to the assertion of misunderstanding of facts, there is sufficient time to communicate directly or indirectly between the accomplices who intend to jointly commit a crime, not to require any legal penalty, but to directly or indirectly between the two accomplices who intend to jointly commit a crime, and even if there is no direct evidence thereof, it may be recognized by the circumstantial facts and empirical rules.

In addition, the joint commission of a crime by conspiracy is not based on the premise that all accomplices realize the requirement for the formation of a crime by themselves, and it is possible to cooperate with the accomplices who implement the act in question to strengthen their decision on the act. Whether it is applicable should be determined by comprehensively taking into account the degree of understanding the result of the act, the size of participation in the act, and the intent to control the crime (see Supreme Court Decision 2006Do1623, Dec. 22, 2006). 2) The following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below, namely, ① the E Game Game of the E Game of the facts charged in this case (hereinafter referred to as the "Game of this case") are not exchanged.

As a banner stating the content “” is posted, it appears that the Defendant could have clearly known that exchanging (101 pages of investigation records) game scores would have been illegal, and ② around November 6, 2017, where the head of the game of this case was exposed, A was going to a foreign country and the Defendant was entirely aware of it until he returned to Korea.

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