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(영문) 수원지방법원 안양지원 2017.02.21 2016고단2119

사행행위등규제및처벌특례법위반등

Text

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

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

Reasons

Punishment of the crime

On April 7, 2016, from around 15:00 to June 22:00 on June 19, 2016, the Defendant is a person who operates a 'pactco-friendly game hall' from around 1st century-gu B to around 2:00 in Ansan-si to the trade name.

No one shall engage in speculative acts by using speculative gaming machines, such as machines and instruments, which are likely to attract speculative spirit, and engage in the business of exchanging tangible or intangible results obtained through the use of game water as a business, and no one shall distribute or use game water which has not been rated by the Game Water Rating Board members' meeting.

Defendant: (a) set up and provided 25 pro-friendly game machines, such as “North Korea-style game machine,” which is likely to instigate speculative spirit to customers without being rated by the Assembly of the Game Water Rating Board; (b) and then changed the score of KRW 10,000 per 10 per 100 obtained as a result of a contingency by cash; (c) operated a speculative business using machines, etc. which might attract speculative spirit; (d) exchanged the outcome obtained through the use of game water; and (e) provided the game water for use of which was not rated by the Game Water Rating Board.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement (or 4 customers);

1. On-site photographs, records of seizure (voluntary submission), and list of seizure;

1. Application of Acts and subordinate statutes concerning investigation reports (related to rating of game products);

1. Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. related to criminal facts (the point of a speculative business), Article 44(1)2 of the Game Industry Promotion Act, Article 32(1)1 of the Act on Promotion of the Game Industry (the point of a provision for the use of game products not rated), Articles 44(1)2 and 32(1)7 of the Act on Promotion of the Game Industry, and selection of a sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-21 of the Criminal Act.