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(영문) 울산지방법원 2017.12.22 2017노1312
게임산업진흥에관한법률위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles additionally collected KRW 204,901,200 to Defendant A, but among the money deposited in the said additional collection charge, the amount borrowed from the O is changed to KRW 30,000,000, and the amount not invested in the machinery, and thus, included profits that were lawfully acquired in the course of the operation of the game site, such as money deposited into money.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, in view of all deposited money as criminal proceeds.

2) The punishment sentenced by the lower court to Defendant A (a year and six months of imprisonment, confiscation, and collection) is too unreasonable.

B. Defendant B (1) misunderstanding of facts, misunderstanding of legal principles, Defendant B did not have conspired with Defendant A, and the daily allowance was merely received to be an employee, and the lower court recognized the public recruitment relationship between Defendant B and Defendant A. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court to Defendant B (a prison term of 10 months, confiscation, and collection) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to Defendant A1’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the lower court deemed that money deposited in the account under the name of theO and Defendant A received money from K.

The collection of 204,901,200 won from Defendant A is justifiable. There is no error of law by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment.

① From July 8, 2016 to March 22, 2017, Defendant A deposited KRW 203,701,200 in total with the NongHyup Bank account (P) under the name of the same student.

② Defendant A operates the Ulsan-gu I Game Center from July 17, 2016 to November 12, 2016 at an investigative agency, and under the name of theO.

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