(영문) 수원지방법원 2014.02.20 2013노6462 | 리걸엔진

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(영문) 수원지방법원 2014.02.20 2013노6462

게임산업진흥에관한법률위반

Text

The judgment below

Of them, the part on Defendant G shall be reversed.

Defendant

G shall be punished by imprisonment with prison labor for not more than ten months.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of Defendant A, the lower court’s imprisonment (two months of imprisonment, confiscation) is too unreasonable.

B. Defendant G1) misunderstanding of facts does not have the fact that Defendant G leased the warehouse of this case (the warehouse in L/C site at the time when the game room business was conducted) or paid rent to the lessor, but the lower court found Defendant G guilty of this part of the charges. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. (2) In light of all the sentencing conditions of the instant case on unreasonable sentencing, the lower court’s imprisonment (one year of imprisonment, and additional collection) with respect to Defendant G is too unreasonable.

C. In light of the overall sentencing conditions of this case, the prosecutor (as to the defendants), the lower court’s each sentence against the defendants is too uneasible and unfair.

2. Determination

A. The following circumstances are revealed by the evidence duly adopted and examined by the court below's determination of facts regarding Defendant G's assertion of mistake, i.e., ① He, the manager of the instant warehouse: (a) he heard from the investigative agency that Defendant A would want to use the instant warehouse; and (b) he stated that Defendant A would receive KRW 1 million from the commission of the warehouse between 20 to 30 days; (c) Defendant A could have used the instant warehouse from the investigative agency; and (d) he stated to Defendant G that Defendant G would have leased the said warehouse to the place of business; (c) Defendant G would have concluded a lease contract with the investigative agency; (c) Defendant G would have heard that Defendant A would have used the said warehouse in the instant warehouse; and (d) confirmed the said warehouse; and (e) given Defendant A a statement by giving KRW 1 million with respect to the said warehouse to E; and (e) made a statement to the investigative agency consistent with the Defendant A and E.

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