사행행위등규제및처벌특례법위반
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.
Punishment of the crime
The defendant is a person who leases the first floor of the underground floor of Guro-gu Seoul Metropolitan Government in the name of the defendant and operates a speculative game room without trade name.
No one shall engage in speculative business by using slot machines or speculative gaming machines, other than speculative business.
그럼에도 불구하고 피고인은 2020. 2. 15.경부터 2020. 4. 27.경까지 위 게임장에 슬롯머신 게임기 16대를 설치하고, 휴대폰 어플인 위챗을 통해 불특정 다수의 손님들에게 게임장 광고를 한 후 손님들이 위 게임장에 방문하면 현금 5만 원당 철제코인 5kg을 교부하고, 손님들로 하여금 철제코인으로 사행성 유기기구인 슬롯머신 게임기를 이용할 수 있도록 제공하는 방법으로 사행성 유기기구를 이용하여 사행행위를 업으로 하였다.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement, such as C;
1. Records of seizure and the list of seizure;
1. Photographss of seized articles, such as slot machines;
1. Application of Acts and subordinate statutes on the monthly rent contract;
1. Article 30 (1) 1 and Article 2 (1) 2 of the Act on Special Cases concerning Punishment and Regulation of Speculative Acts, Etc. concerning criminal facts and selective speculative acts, etc., and choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act, is likely to cause serious social harm, such as encouraging the general public to have an excessive spirit of gambling, impairing the awareness of sound labor, thereby causing the failure of the economy and home life of the general public, and thus, is not good.
However, considering the following factors: (a) the defendant is led to confession, and there is no evidence of criminal punishment; (b) the confiscation of speculative gaming machines, etc.; (c) the motive and background of the crime; (d) the method and consequence of the crime; (e) the circumstances after the crime; (e) the age, environment; and (e) the criminal record relationship
It is so decided as per Disposition for the above reasons.