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(영문) 울산지방법원 2018.11.15 2018노489
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the facts of the lower judgment’s crime No. 2, the lower court found the Defendant guilty of this part of the crime, misunderstanding the facts and misapprehending the legal doctrine, even though the Defendant did not go to K Gameland to make a guest a day, did not receive any benefit therefrom, and did not conspired with H, etc. who was unemployed.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, confiscation, additional collection of KRW 167,144,00) is too unreasonable.

2. Judgment on the grounds for appeal

A. Judgment 1 on the misunderstanding of facts and misapprehension of legal principles 1) Any person who is the summary of the public office room shall not exchange, exchange, arrange for exchange or re-purchase of intangible results obtained through the use of game water.

H as an employee, the Defendant recruited to conduct money exchange business in the above game room by playing a role in publicity of the above game room and managing customers in the above game room, as the unemployment week in the north-gu L, the first floor in the K Gameland, the owner of the business in the name of B, the owner of the business in the name of E, the owner of the business in the name of E, the owner of the business in the day of D, the head of the day of night money exchange, and the J as an employee.

According to the above public offering, H set up 38 games of "profa" in which points are won according to the games that appeared while running a game from around November 11, 2016 to April 14, 2017 (the provision of a machine to the same method, hereinafter referred to as "defababab, etc.") and provide customers with daily profit settlement and employment, etc., and manage the overall operation of the game, such as daily profit settlement, employees, etc.; the Defendant, from November 11, 2016 to the police officer in the same month, provided public relations for the above game site and provided customers with the above game site for one week during the same month; and, from November 11, 2016 to December 22, 2016 (a lending from November 11, 2016 to December 22, 2016) and B (a lending from the name of the game site to December 31, 2016).

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