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(영문) 전주지방법원 2021.01.06 2020노1548
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. In light of the fact-misunderstanding or the degree of the participation of the Defendant in the misapprehension of the legal doctrine, even though it may not be deemed a joint principal offender, the Defendant is in the position of a joint principal offender.

The judgment of the court below is erroneous in the misunderstanding of facts or legal principles.

B. The sentence of the lower court (one year and six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

Judgment

A. In light of the following circumstances acknowledged by mistake of facts or misapprehension of legal principles, and duly adopted and investigated by the court below and the court below, it is recognized that the defendant was engaged in business of exchanging tangible and intangible results obtained through the use of game products in collusion with C, F, etc. as stated in the judgment of the court below, and on this premise, the defendant is in a joint principal offender status.

The judgment of the court below is justified.

1) A business owner under the name of “E” under Paragraph 1 of the judgment of the court below, who was in a relationship with the Defendant, stated that he lent the name of the game room at the request of the Defendant (the investigation records No. 855, 856 of the investigation records No. 855, 856 of the investigation records).

B also became an employee according to the Defendant’s proposal (in the face of 845 of the investigation record), from “E” and “H” to work as an employee.

F refers to “the President” of the Defendant.

B. According to the Kakao Stockholm conversation between C and F, C around May 4, 2019: (a) the following year: (b) whether C used to have the machinery for “U” on the part of the Defendant; and (c) whether C used to have the machinery for “U” on the part of the Defendant.

5. 5. 경 시제 관련해서 “ 자세한 건 사장님( 피고인) 과 통화해 이따가 ㅠ ”라고 한다 든가, F이 2019. 5. 8. 경 알( 포인트) 을 환전해 달라는 손님의 요청에 대해 ‘ 오빠 (C) 도 ( 전화를) 안받고, 사장님( 피고인) 도 ( 전화를) 안받고 우째’ 라는 내용의 메시지를 보내거나, 2019. 11. 29. 경...

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