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(영문) 청주지방법원 충주지원 2013.10.11 2013고단543

사행행위등규제및처벌특례법위반

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall engage in speculative activities as a business by using slot machines or speculative gaming machines.

1. The defendant from January 11, 2009 to January 21, 2009

1. From 16.20:00, from the second floor of the Chungcheong City building C, 15 game 10,000 won per 10,000 won per day to unspecified customers who find the place, and 10,000 won per day from the game result to exchange 10,000 won per day by acquiring profits of 60,000 won per day during the above period.

Accordingly, the defendant was engaged in speculative activities as a business.

2. The Defendant, from around 12:00 on August 13, 2009 to around 01:30 on August 18, 2009, installed 15 spin-style game machine, which is a speculative electronic machine, on the first floor of the building E in Chungcheongnam-si, and offered 10,000 won per 10,000 won to unspecified customers who find the place and exchanged 10,000 won per 10,000 won.

Accordingly, the defendant was engaged in speculative activities jointly with D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant or D;

1. D judgment;

1. Records of seizure and the list of seizure;

1. Application of each field control photograph Act and subordinate statutes;

1. Article 30(1)1 of the Act on Special Cases concerning the Regulation and Punishment of Specific Criminal Crimes (Article 30 of the Criminal Act for the crime of paragraph (2) at the time of sale); Selection of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In addition, circumstances unfavorable to reasons for sentencing under Article 48(1)2 and (2) of the Criminal Act: The defendant committed the instant crime two times, and the speculative business is a crime that undermines sound social formation.