(영문) 창원지방법원 2016.06.08 2015노2717 | 리걸엔진

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(영문) 창원지방법원 2016.06.08 2015노2717

게임산업진흥에관한법률위반등

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. Evidence of seizure 1, 2, 4, 7 to 7.

Reasons

1. The sentence imposed by the lower court (two years and four months, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is: (a) the Defendant: (b) by deceiving the victim by means of active methods, such as forging and using a private document to raise operating expenses for the game room; (c) provided a game of “Yemamato” to many unspecified customers by installing a game machine and a table PC for about 4 days around 100 days among the police officers, and (d) led others to escape by causing others to feel unemployed upon the control of the crime; and (b) opened approximately 40 gap PCs for eight days on December 2014 during which the crime was under investigation, and provided them to many and unspecified customers with “Yematoto” games; and (c) caused them to escape by causing them to go through money exchange.

As such, two months have not passed since the defendant was subject to control by the same kind of crime, and the size of the game room operated by the defendant is not small, and the quality of the crime is not good such as aiding another person to avoid the crime in order to conceal the crime.

The Defendant had been punished more than ten times due to a game site-related crime, and committed the above crimes during the period of repeated crime.

In particular, the crime of operating illegal games is a crime that has a great social harm, such as encouraging the people's excessive spirit of gambling and hindering the awareness of sound labor, and the corresponding punishment is needed.

These circumstances are disadvantageous circumstances.

However, the defendant recognized his mistake, reflects his depth, and agreed with the victim of the crime of fraud.

It seems that the period of operation of the game room operated by the defendant is not long, and the profits from this is not significant.

After the crime of this case, divorce was made, and accordingly, the defendant is related to the game room.

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