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(영문) 전주지방법원 2018.09.07 2018노520
게임산업진흥에관한법률위반
Text

The judgment below

Of them, the part of the order of additional collection and provisional payment against Defendant B shall be reversed.

Defendant

B 122,302.30

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (Additional Collection Part) (1) Defendant A (A) shall collect only profits acquired from money exchange, excluding profits earned by Defendant A from operating a normal game room.

(B) The 16,500,000 won acquired by Defendant B and C shall be deducted from the additional collection amount of Defendant A.

(C) The amount of additional collection imposed on Defendant A was calculated in error.

(2) The rent that Defendant B (A) paid to Defendant B to Defendant A is substantially distributed criminal proceeds, and thus, it cannot be collected from Defendant B.

(B) The lower court, without objective data, calculated an excessive amount of additional collection on Defendant B solely based on the statement of accomplices, and erred in calculating the amount of additional collection imposed on Defendant B.

B. Each sentence against the Defendants of the lower court’s unfair sentencing (i.e., imprisonment for 10 months, 2 years of probation, 120 hours of community service, 75,00,000 won, 2 years of probation, 10 months of probation, 2 years of probation, 120 hours of community service, 146, 352, 600 won, 3. Defendant D: fine 2,00,000 won) is too unreasonable.

2. Defendant A and B’s assertion of misunderstanding of facts or misapprehension of legal principles as to the calculation of additional collection charges

A. In full view of the adopted evidence, the lower court accepted the prosecutor’s following calculation of criminal proceeds (which means 5,000,000 won and 146,352,60 won from Defendant A and collected them from Defendant B.

(1) Profits excluding money exchanged for crime from April 7, 2017 to June 20, 2017: 75,000,000 (=profit 1,000,000/day x 75 days) - Defendant A’s prosecutor’s office minus the amount equivalent to money exchanged to customers from the money collected from the game machine x 100 to 12 million average per day.

“The statement was made”.

Benefits of Defendant B, 2: 11,250,00 won per day (i.e., 150,000 won per day x total of 75 days) public benefit of Defendant B: 5,250,000 won per day (=average daily amount of 70,000 x total of 75 days) (ii) from June 21, 2017 to June 21, 2017.

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