(영문) 광주지방법원 2018.08.16 2018노1431 | 리걸엔진

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(영문) 광주지방법원 2018.08.16 2018노1431

게임산업진흥에관한법률위반등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) As to the violation of the Act on the Promotion of the Game Industry, the Defendant conspired with F to operate a “H amusement room” (hereinafter “the instant game room”) and did not arrange customers to exchange game products with the result.

The defendant is employed by F only by F, and only performed the duties of managing customers in the above game.

However, the lower court which found the Defendant guilty of this part of the facts charged erred by misapprehending the facts.

(2) As to the crime of aiding and abetting a criminal to make a false statement as if he actually operated the game room at the time of investigating the police of I as stated in this part of the facts charged.

Although the court below found the defendant guilty of this part of the facts charged, the court below erred by misunderstanding the facts.

B. The punishment of the lower court (a three months and four months of imprisonment, an additional collection charge of KRW 3,00,000) is too unreasonable.

2. Determination

A. (1) The most reliable evidence that corresponds to the facts charged in this part of the judgment regarding the violation of the Act on the Promotion of Game Industry is a statement made by the prosecutor I at the time of interrogation of the third suspect.

In doing so, the following circumstances revealed by the evidence duly adopted and investigated by the court below are deemed to be reliable.

(A) At the time of the police investigation and at the prosecution, I testified to the effect that the game of this case was unemployed by the head of the game of this case until the time of conducting the second interrogation. At the prosecution, I stated that he was under three-time interrogations, and that he was under the name of the representative of the game of this case upon the request of the defendant and lent the name to the representative of the game of this case, and received KRW 150,000 per day from the defendant, and that he was under the name of the representative of the game of this case.

(B) The Prosecutor’s Office 3 times as above, although I is not the actual operator of the game of this case.

참조조문

-게임산업진흥에 관한 법률

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