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(영문) 대전지방법원 2018.09.13 2017고단4135 (1)

사행행위등규제및처벌특례법위반등

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A person shall be punished by imprisonment with prison labor for not less than eight months and by imprisonment for not more than two months for a crime set forth in the judgment of the court below.

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to one year of suspended sentence on April 19, 2017 by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on April 19, 201, and the sentence became final and conclusive on April 28, 2017 and is currently under suspended sentence.

[Criminal facts]

1. Violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. - No one may engage in speculative activities using slot or speculative gaming machines, other than those permitted by the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc.

B was in charge of purchasing and installing a “sea-to-sea” game machine, which is a practical business owner of a game room with no four floors of the Seo-gu Daejeon District Office, which is not classified as a class, and the Defendant, as the head of the business division, conspired to operate the game room by taking charge of the overall business activities of the game room, such as water color, water and money exchange.

B From around 14:00 on September 13, 2017 to September 04:40, 2017, the Defendant: (a) installed 50 games covering a “sea-to-sea-to-face game” game, which was not classified as a class in the said game in the “D” game in the said game; and (b) operated the game using “sea-to-sea-to-face game” in a way that many and unspecified customers may score or lose points according to the composition of the pictures or numbers displayed on the game screen; and (c) with respect to the scores obtained by customers from the game outcome, the Defendant used the game in cash after deducting 10% of the game points as a fee from the rate of one won per one point.

Accordingly, the Defendant, in collusion, committed a speculative act, other than the speculative act permitted by the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., by using the speculative electronic machine.