Defendant

All appeals filed against the Defendant A by the Prosecutor B, C, D, and Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In full view of the relationship between Defendant A and Defendant C by the public prosecutor, and the circumstances surrounding the Defendants’ operation of the game of this case, Defendant A anticipated that the game of this case will be operated as an illegal game site, and Defendant C lent its name to Defendant C and sufficiently recognized functional control over the crime of this case.

Nevertheless, since the court below acquitted the defendant, it erred by misapprehending the facts and by misapprehending the legal principles.

B. Defendant B, C, and D’s punishment (Defendant B: imprisonment with prison labor for 4 months, additional collection, Defendant C: imprisonment for 10 months, confiscation, additional collection, and Defendant D: imprisonment with prison labor for 6 months) declared by the lower court is too unreasonable.

2. Determination on the grounds for appeal against Defendant A by the public prosecutor

A. A. A prosecutor of the amendment of indictment (additional charges) maintains the facts charged of violation of the Act on the Promotion of Game Industry, which was acquitted by the court below for the first time in the trial, as the primary charges, and maintains the name of the crime as “aided and abetting Violation of the Act on the Promotion of Game Industry,” and the applicable legal provision as “Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act, Article 32(1) of the Criminal Act,” and the facts charged as follows.

1) A request for amendments to Bill of Indictment was filed with the same content as the statement in the paragraph, and this court permitted this and added the subject of the judgment.

In the following, the grounds for appeal against the primary facts charged by the prosecutor and the ancillary facts added in the trial of the party are examined in order.

B. Determination of the misapprehension of the facts and legal principles as to the primary facts charged 1) The summary of the primary facts charged Defendant C is a business owner who operates an illegal game room in the name of Ulsan-gun building from February 3, 2017 to December 5, 2017, and “I Gameland” in Article 101 of the first floor. Defendant A is a business owner in the name of the company, Defendant D is a night employee, and Defendant B.