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(영문) 대구지방법원 포항지원 2019.05.01 2019고단268

사행행위등규제및처벌특례법위반

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Defendants shall be punished by imprisonment for eight months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On July 8, 2015, Defendant A was issued a summary order of KRW 1.5 million for a violation of the Act on the Regulation and Punishment of Speculative Acts, Etc. at the port branch of the Daegu District Court. On September 2, 2015, Defendant A issued a summary order of KRW 2 million for the same crime at the same court on September 2, 2015, and a summary order of KRW 1 million for the same crime at the same court on April 18, 2016.

Defendant

B On April 7, 2011, the Changwon District Court was sentenced to a suspended sentence of two years for a violation of the Game Industry Promotion Act.

[Criminal Facts] No person may engage in speculative activities as a business using slot machines or speculative gaming machines, other than speculative business.

1. On September 2016, the Defendants’ co-offendered Defendants: D operated by Defendant A in the north-gu, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si; in the event that Defendant B purchased a physical fitness, which is a speculative machine, in the absence of Busan and supplied it to Defendant A, Defendant A would jointly operate the game room by means of installing and operating the game room at the above party room; and Defendant B would bring about 60% of the profits therefrom, and Defendant B would bring about 40% of the profits therefrom.

Accordingly, around September 2016, Defendant B brought two physical posters, which are speculative gaming machines purchased from the game distributors in the name-free game machine, at the end of Busan around September 2016, to the above billiard room. While Defendant A operated the above two game machines from around around April 2018, Defendant B was additionally supplied three physical posters game apparatuses from Defendant B and provided the said “physical posters” game machine within the billiard room until July 31, 2018, so that many unspecified customers who found the above billiard room can use the game room, and then the customers begin to put them into the above game machine and put them into the game or waste, and make them acquire or lose points according to the arrangement of pictures or numbers displayed on the game screen by operating the game machine.