(영문) 창원지방법원 2013.10.31 2013노910 | 리걸엔진

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(영문) 창원지방법원 2013.10.31 2013노910

게임산업진흥에관한법률위반등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a year and six months, and for a year of imprisonment for a defendant B, and for a defendant C.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) Of the facts charged in the instant case, the fact that there was a violation of the Game Industry Promotion Act due to running a game product exchange business among the facts charged in the instant case (hereinafter “the part of the instant facts charged”).

As to the above, the defendants' issuance of the defendant's right to use a facility with only 10,00 won as to the points obtained through a game constitutes a security worth for the use of cash, such as that the right to use a facility with monetary value and exchange outside of the game room in cash. As such, changing the game result into the right to use a facility with the right to use a facility is an act of "transfer" under Article 32 (1) 7 of the Game Industry Promotion Act. Nevertheless, the court below erred by misapprehending the legal principles that acquitted the defendants, thereby affecting the conclusion of the judgment. 2) The court below erred by misapprehending the legal principles that found them not guilty. 3 years of the suspended sentence of imprisonment with labor for one year and six months, probation, community service, confiscation, and confiscation: imprisonment with prison labor for one year, three years, probation, community service, 240 hours, Defendant C: imprisonment with prison labor for a period of suspension, two years, six years, and probation).

B. Defendant A, B, and B violated the Game Industry Promotion Act (misunderstanding of facts) (Defendant A, B), Defendant A, and B are guilty of this part of the facts charged, and the judgment of the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment. The court below erred by misapprehending the facts, as it found Defendant A and B guilty of this part of the facts charged, inasmuch as Defendant A and B provided a game product not rated and provided a game product for gambling or other speculative acts.

B) Violation of the Punishment of Tax Evaders Act (Defendant A)

참조조문

-게임산업진흥에 관한 법률 제32조 제1항 제7호

-조세범 처벌법

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