beta
(영문) 대전지방법원 2014.01.29 2013고단4207

사행행위등규제및처벌특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 8, 2013 to 15:00 of the same month, the Defendant operated an illegal game room with no trade name in the Daejeon High-gu Daejeon High-ro C underground from August 24, 2013, the Defendant installed 20 game machine, which is a speculative electronic machine not classified by the Game Rating Board, and provided it to many unspecified customers, and caused customers to input 10,000 won in the game machine, and, if an item appeared and the points of which are distributed on the game screen are distributed by betting, made them automatically obtain points and exchange the remaining points from the acquired points after deducting 10% as commission, and at the same time, carried on the speculative act using a speculative electronic machine.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A copy of book-type business account book;

1. Application of each statute on photographs;

1. Article 44 (1) 1 and subparagraph 2 of Article 28 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Article 44 (1) 2 and Article 32 (1) 1 of the Act on Promotion of the Game Industry (which provides game products that have not been rated for use) of the game products;

1. Crimes provided for in Articles 40 and 50 of the Criminal Code of Trade, Industry and Energy (Violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. in the Market and Violation of the Game Industry Promotion Act due to speculative acts using game products);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of motive, period of business, size of business, and point of absence of the same criminal record);

1. Article 48 (1) of the Criminal Act, Article 44 (2) and (1) of the Game Industry Promotion Act;