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(영문) 서울중앙지방법원 2015.01.22 2014고단9345

사행행위등규제및처벌특례법위반등

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A operated a game room on the first floor of the building underground in Dongdaemun-gu Seoul Metropolitan Government, and Defendant B was an employee of the above game room.

From September 19, 2014 to February 23, 2014, Defendant A established 60 game machines, such as 30 'marine camping period' and 30 'Ytomato', which were not rated by the authorities on the ground of ‘speculative game products', and controlled the overall operation of the above game site, such as revenue and expenditure. Defendant B, under the direction of Defendant A, provided cash from customers and filled with game money in an amount equivalent to the amount of money, and had each customer go through the sea, and Defendant A and Defendant B conduct business in a way of exchanging the remaining charging card points on which the game is completed in cash to customers.

As a result, Defendant A and Defendant B conspired with each other to engage in speculative activities using speculative gaming devices, provide customers with game products not rated by the authorities, and exchange tangible results obtained through the use of game products for business purposes.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement of F, G, H, I, J, K, L, M, N,O, P, Q, and R;

1. Voluntary submission, such as illegal games;

1. Application of each Act and subordinate statutes to S’s statement;

1. Defendants of relevant criminal facts: Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc.; Articles 44(1)2 and 32(1)1 and 7 of the Game Industry Promotion Act; Article 30 of the Criminal Act; Articles 30(1)1 and 32(1)2 of the Criminal Act; Articles 30(1)1 and 30

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

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendants: Reasons for sentencing under Article 44(2) of the respective Game Industry Promotion Act.