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(영문) 대전지방법원 2016.07.01 2016노1235
게임산업진흥에관한법률위반등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) On April 24, 2015, the Defendant, from around April 24, 2015 to around the 28th day of the same month, lent the name of the Defendant that H et al. operated the J under the name of the Northwest-gu I, 302, Seocheon-gu, Seocheon-gu, in collusion with H et al., and the head of the said game was not aware that H et al. was a sole unemployment.

B) The Defendant, from March 4, 2015 to 20:00 on March 29, 2015, only engaged in cleaning, etc. in the L Game Chapter located in the Northern-gu, Seoan-gu, Seoan-si from around March 4, 2015, and did not take charge of the overall management of the said Game Chapter in collusion with H, etc.

2) The lower court erred by misapprehending the legal doctrine on the collection of additional charges, which collected KRW 8 million from the Defendant, even though there was little profit acquired from the instant crime.

3) Unreasonable sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The lower court’s judgment on the instant case No. 2015 group 1052 was duly adopted and investigated as follows: (i) the Defendant stated in an investigative agency that “a person himself/herself is his/her J operator, was engaged in his/her business,” and “a person was employed on April 27, 2015, who was employed on 28 days in his/her work; and (ii) the Defendant had registered as a juvenile game providing business operator on April 24, 2015 under the name of the Defendant (Evidence No. 91, 200, 202 of the evidence record No. 1052), and that “a person was employed on 200, 202” (Evidence No. 64 of the evidence record).

C In an investigative agency, “The actual president is H, and the Defendant is a person who shows faces to customers once in the game room and makes them aware of his/her face,” and “H appears to work in the game room on April 28, 2015, and then instructs the Defendant in relation to the game room.”

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