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(영문) 서울남부지방법원 2016.04.22 2016노171
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for six months, by a fine of seven thousand won,00,000 won.

Defendant .

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the confiscation of 8 months imprisonment for Defendant A, 1 through 11, and 37490,000 won for Defendant B, and the fine of 10 million won for Defendant B) is too unreasonable.

2. Determination

A. We examine the part of the judgment of the court below as to Defendant A ex officio.

The proceeds from the crime of violation of Article 44(1) of the Game Industry Promotion Act (hereinafter referred to as the "Game Industry Act") are the amount obtained by deducting the amount of money from the sales to the game users (see Supreme Court Decision 2014Do4708, Jul. 10, 2014, etc.). As to this case, the defendant stated at the prosecutor's office that the sales of the game of this case amount of KRW 12 million are less than KRW 8 million (174 pages of evidence), the sales of the game of this case to the defendant on May 11, 2015 are more than KRW 8 million, and the amount of KRW 50,000,000 from KRW 50,000 to KRW 479,000,000,000 from KRW 505,000,000,000 from KRW 15,50,000,000 won.

B. According to the records on Defendant B, the Defendant lent the name of the game site of this case to Defendant A as well as the name of Defendant A.

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