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(영문) 부산지방법원 2020.06.18 2020노1046
게임산업진흥에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles, and Article 44(1)2 and Article 32(1)7 of the Game Industry Promotion Act regarding violation of the Game Industry Promotion Act among the cases No. 2019Kadan6313 as indicated in the judgment of the court below is not a provision punishing users who sell game money. Thus, the defendant's act of operating a D private server with Gap does not constitute "act of selling game money to users as a business of exchanging game money." Nevertheless, the court below found the defendant guilty of using the above provision as to this part of the game product and ordered collection of the defendant on the basis of the above provision, which affected the conclusion of the judgment by misunderstanding of legal principles. 2020Kadan2913 as stated in the judgment of the court below, the defendant's act of selling game money to users is not a provision punishing users who sell game money.

Nevertheless, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine that recognized the Defendant as a co-principal for the crime of this part, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment, additional collection of KRW 155,323,754) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The lower judgment No. 2019No. 6313, supra.

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