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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, misunderstanding of the legal principles and mistake of facts, the Defendants did not have been in the position of distributing partners or profits as employees of each game room. Nevertheless, the lower court found the Defendant guilty of the facts charged in this case, which erred by misapprehending the legal doctrine and misunderstanding of facts.
B. The sentence against the Defendants (Defendant A: Imprisonment with prison labor for 10 months, Defendant B: imprisonment for 8 months) is too unreasonable.
2. Determination
A. Judgment 1 on the misunderstanding of facts and misapprehension of legal principles 1) Defendant A’s joint crime committed by the Defendants is an employee who makes a settlement, exchange, or management of a part-time fee in the “E” operated on Pyeongtaek-si C, and on the first floor, and Defendant B attracts customers in the above game, while changing the contents of the game product provided by displaying the USB on the game product classified as class.
No one shall provide a game product that differs from the classification of a rating for distribution or use, or exchange or arrange for exchange or re-purchase of intangible results obtained through the use of a game product for a business.
Nevertheless, the Defendants, in collusion with the above D, etc. from February 26, 2012 to March 6, 2012, set up 40 game machines which arbitrarily added the example and meta-type function and automatic playing function differently from the contents of the “Sea-Wle game” game classified by the water grade members in the above game site from February 26, 2012 to March 6, 2012, and had the customers play the game one time using the above game machine, and had the customers play the game and exchange 4,500 won, which is the remainder after deducting the fee of 10% from the fee of 10% for the head of the unit card obtained through the game.
Accordingly, the defendants are intangibles obtained through the use of game water in collusion with the above D.