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(영문) 울산지방법원 2018.06.15 2018노190
게임산업진흥에관한법률위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. On March 9, 2018, even if the Defendants received a notice of receipt of the records of trial from this court on the receipt of the records of trial, the Defendants did not submit a written reason for appeal within the period for submission of a legitimate reason for appeal. On February 27, 2018, the Defendants submitted a petition of appeal to the Defendants on February 27, 2018, without stating the reason for appeal, and there is no reason for ex officio examination even upon examining the

Therefore, the appeal by the Defendants should be dismissed in accordance with Article 361(1) of the Criminal Procedure Act, but as long as the appeal by the prosecutor is decided, the appeal by the Defendants shall also be dismissed in its entirety.

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal 1) According to the video, etc. submitted as evidence of misunderstanding the facts and misunderstanding the legal principles, the judgment of the court below which acquitted the Defendants of the primary facts charged, despite the clear recognition of the Defendants’ unlawful exchange act.

2) The sentence of the lower court (Defendant A: a fine of KRW 3 million, a year of suspended execution, Defendant B: a year of suspended execution, and a year of suspended execution) which is unfair in sentencing is too uneasible.

B. Judgment on the misunderstanding of facts and misapprehension of legal principles 1) A summary of the primary charge shall not exchange or arrange for exchange or re-purchase of tangible or intangible results obtained through the use of game water.

The defendants operate "D Gameland", which is the head of the money exchange game in the Nam-gu Seoul Metropolitan City G2, as a vice-party, and prepare a lease agreement after obtaining permission for the business of producing the game in the name of the defendant A, who is an son, and reside in the head of the game, and manage the overall head of the game. The defendant A conspired to manage customers and exchange in the game field at a low time.

Defendants from August 15, 2016 to August 29 of the same month set forth in the foregoing D Gameland 35 hours, respectively.

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