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(영문) 대구지방법원 2015.06.26 2015고정956

사행행위등규제및처벌특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a game room in the name of “C” in Daegu Southern-gu B and 2, and D is an employee from February 23, 2015 to the said game room.

From March 4, 2015 to June of the same month, the Defendant: (a) in collusion with D, installed two plastic gaming machines, which are apprehended to attract a speculative spirit to increase or decrease points in accordance with the arrangement of the pictures shown on the screen, from the basic point of 50 points per 1,000 won when customers put cash in the said game room and enjoy the screen; (b) the Defendant, in turn, exchanged 1,000 won per 50 points with the marks finally left by customers and finally left the game; and (c) D obtained a benefit of 104,000 won during the said period by providing them with guidance on the operation of the said machines.

Accordingly, the defendant, in collusion with D, engaged in speculative activities by using speculative machines.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

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

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Criminal Crimes, Regulation of Speculative Acts, etc. concerning the Selection of Punishment, Article 30 of the Criminal Act, and Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 2 (Evidence 1 and 2) of the Criminal Act and Article 48 (1) 1 (Evidence 3) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;