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(영문) 대구지방법원 포항지원 2012.10.10 2012고단978

사행행위등규제및처벌특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 September 13, 2010 to 10:50 of the same month from September 14, 2010, the Defendant established 50 game machine of “sea-to-sea” game without classification from the Game Rating Board and found it therein, and caused many unspecified customers to play the game using the game and lose or obtain points by running the game and exchange the game with 4,500 won per 5,000 points obtained by customers.

As a result, the defendant provided game products that have not been classified to customers for use, exchanged results obtained through the use of game products as a business, and operated a speculative act by using speculative gaming equipment as a business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of suspect by the police against C or D;

1. A written statement (which shall be the 11 through 16 pages of investigation records);

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing appraisal and reply;

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts and Punishment of Speculative Acts concerning criminal facts (the point of the speculative business using the speculative implement, the choice of imprisonment), Article 44 (1) 2 of the Game Industry Promotion Act, and Article 32 (1) 1 of the Act on Promotion of the Game Industry (the point of providing the classified game products, the choice of imprisonment), Article 44 (1) 2 of the Game Industry Promotion Act and Article 32 (1) 7 of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. concerning the Punishment of Speculative Acts concerning

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that there is no past record of punishment for the same criminal record and the mistake is pened, and the size, duration, type of business, profits acquired, etc. of the game of this case);