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(영문) 춘천지방법원 2018.09.14 2018노600
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Evidence of seizure Nos. 1 through 6.

Reasons

1. Summary of grounds for appeal;

A. The period for which the Defendant was actually running the game room is shorter than the period indicated in the facts charged.

B. The punishment of the lower court (the punishment of 1 year and 6 months of imprisonment, the confiscation of seized evidence 1 to 6, the additional collection of 3 million won) is too unreasonable.

2. Determination

A. In fact, the Defendant, as stated in the lower judgment, includes the preparation period for opening a game room during the period of operation of the game room, so the actual period of operation of the game room is shorter than the actual period of operation.

The argument is asserted.

The Defendant, submitted to an investigative agency on December 14, 2017, operated business only ten days from the first day of December 2017 to the seventh day of October 2017, the last day of November 2017, the last day of November 15, 2017, and the first day of December 2017.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined in the lower court and the trial, the Defendant’s assertion is without merit, as it is acknowledged that the Defendant operated the game room from September 2, 2017 to December 14, 2017.

① The instant game head was registered in the name of B on August 25, 2017.

As to the developments leading up to the registration of the name as above, the Defendant requested the prosecution to lend the name of the game funeral on April 2017, 2017, but there was no answer, i.e., no answer, and requested again once again from the first policeman on August 2017, 2017, and thereafter B accepted it.

was stated.

② The Defendant stated that he borrowed the name of B and opened a game room was due to the fact that he was under the suspension period for the same kind of crime at the time.

(3) A suspect himself/herself had the operation of a game room from September to September by the prosecution.

The reason why the date of registration and the date of actual commencement of business are different is that the game has been carried out with water in a month.

(4) B, at the police on August 25, 2017, he/she registered and operated a game room business on his/her own on the same day, and as his/her business is not well-grounded, B shall be the head of the game room for the defendant on October 2017.

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