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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was merely aware of the game of this case’s game room to the legitimate game room and attempted to help the Court, etc.
The court below erred in misconception of facts.
B. The sentence imposed by the court below on the defendant (limited to eight months of imprisonment, two years of suspended execution, two years of probation and community service, 200 hours of probation and confiscation) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment with respect to the facts charged in the instant case as follows. This court permitted this to change the subject of the judgment, and the judgment of the court below was no longer maintained.
Defendant
C On July 22, 2009, the Gwangju District Court was sentenced to a suspended sentence of two years for a year of imprisonment due to a violation of the Game Industry Promotion Act.
Defendant
L helps the management of the game room by obtaining permission for business in the name of the defendant in the game place led by J, and in return, receive additional money for business, and when the game room is regulated, 5 million won should be imposed on the condition that the game room is investigated as a sole president if it is controlled, and 20 million won should be imposed, and Defendant C will be responsible for all management affairs in the game room as the "chief of office" in the above game room.
According to the above public offering, the Defendants, along with J from November 1, 201 to November 4, 201, installed and operated a NPC room in Gwangju Mine-gu, "2580" game site, 28 online PC main body containing O game work, and 29 monitors at the above game site, purchased the game pre-paid card at KRW 10,000 per 10,000 and then sold it again to the customers who find the above game site. The Defendants, upon purchasing the game at KRW 8,000 per 10,000 and selling it to the customers who find the above pre-paid card at KRW 10,00,000 on the monitor screen, had them play the game and obtain the game score accordingly.