beta
(영문) 인천지방법원 2013.09.04 2013고단2903 (1)

사행행위등규제및처벌특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

B is the owner of the game without a trade name in Yeonsu-gu Incheon Metropolitan City C underground, and D, Defendant A, in the above game place, has served as an employee who plays a role of drinking and cleaning customers in the above game place, and E has served as an employee who performs the so-called “slicking” which sees the network outside the above game place.

On October 30, 2012, from around 18:00 to November 18:16, 2012, the Defendant and the aforementioned persons carried in 30 game machine of “water-saving match” in the above game room, installed the game machine, which is the “self-learning” game machine, in a way that the “self-learning” program is implemented in the game machine, and, upon entering money into the game machine, they exchanged the game in a way that customers put or lose points according to the arrangement of the picture or number displayed on the screen of the game machine by operating the game machine, and the card discharged from the game machine according to the result of the game was exchanged in KRW 4,500 except for KRW 500 per fee.

Accordingly, the defendant and the above persons conspired to use speculative gaming machines for business of giving financial benefits or losses to the users according to the incidental results.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused, B, E, and D;

1. Application of the statutes to the records of seizure, photographs of seized articles, site photographs, and copies of statement of accounts;

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning Crimes and Article 30 (Selection of Fines) of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;