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(영문) 대전지방법원 2013.04.10 2012고단3719

사행행위등규제및처벌특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant from the first and second day of August 2010 to the same year.

9. From July 16:00 to the Daejeon Dong-gu, Daejeon, by operating a game room without a trade name, 80 game software machine in the sea, which is a speculative electronic machine not classified as a class, was installed, and provided it to many unspecified customers, so that customers may put 10,00 won in the game machine, and then hold the game machine and hold it as an example and a chain function and exchange the remaining points with 10% deducted from the acquired points in the fee.

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol of D or E;

1. Records of seizure and the list of seizure;

1. The defendant and his defense counsel asserts that the defendant is merely the formal president and the so-called assistant president, rather than the unemployment share of the game of this case.

However, in full view of the following circumstances acknowledged by the evidence mentioned above, the defendant, at the time of preparing the protocol of interrogation of the prosecutor's suspect, stated that he was the actual owner of the game of this case, and stated in detail the details of the operation of the game room, the period of operation, and the preparation of funds for opening the game room business, and concluded a lease contract on the game room building in his own name, and above all, the defendant did not specify the actual owner of the game room, and thus, the defendant can be recognized as the actual owner of the game of this case.

Application of Statutes

1. Article applicable to criminal facts;

A. Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (the point of operating businesses using speculative machines).