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(영문) 창원지방법원 통영지원 2019.03.14 2018고단735

사행행위등규제및처벌특례법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

No one shall provide game products for distribution or use, display or keep for such purposes, and shall arrange for exchange or exchange or repurchase the results obtained through the use of the game products, or engage in a business of repurchase, and shall engage in speculative activities by using slot machines or speculative gaming machines.

Nevertheless, on January 1, 2018, the Defendants agreed to operate a speculative game room in the 9th floor of the Seocho-si Building, and share profits therefrom. Defendant A conspired to perform each of the roles of operating the game room during the night hours, including the conclusion of the lease contract of the place used as the game site, the purchase of the game machine, the role of operating the game room during the night hours, and Defendant B conspired to perform the role of operating the game room during the night hours.

Accordingly, from January 7, 2018 to around the 8th day of the same month, the Defendants established four game machine for “C”, which is a game product not rated at the above location. From that time to March 13, 2018, the Defendants made customers who found the above game play a game using the above “C” game machine, and exchanged the score obtained by customers as KRW 10,00 per 50 per 500.

As a result, the defendants conspired to provide customers with game products not rated by the Game Rating Board, conduct a business of exchanging the results obtained through the use of game products, and conduct a speculative business using the game machine, which is a speculative machine.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes on police seizure records;

1. The Defendants: Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (the point of operating a speculative machine) and Articles 44(1)2 and 32(1) of the Game Industry Promotion Act.