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(영문) 대전지방법원 2014.01.24 2013고단4562 (1)

사행행위등규제및처벌특례법위반등

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

(2013 Man-Ma4831) On September 30, 2013, the Defendant served as an employee in the “D Gameland” game site located in Seo-gu Daejeon, Daejeon, Daejeon. On September 30, 2013, the Defendant, unlike the contents classified by the “D Gameland” Game Rating Board on one-time basis, performed the game automatically, regardless of the ability to select or manipulate the game users, provided 40 p.m. “C.” game machine 40 p.m. and 40 p.m. “C.m.” game machine, which was modified to automatically run the game regardless of the ability to select or manipulate the game users, provided customers to use the game, thereby obtaining points according to a contingency and assisting them to perform the speculative business, such as providing a gift card of KRW 5,00,000 at the market price, by comparing with the CCTV installed outside the game room and the CCTV installed outside the game room, and aided and abetting them by having a customer and a f.m. within the game room.

Summary of Evidence

1. Each legal statement of Defendant E;

1. The police seizure report and seizure list;

1. Application of the Acts and subordinate statutes to appraisal results, replys, and one-class Daejeon, which are contained in the Act and subordinate statutes;

1. Article 45 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts concerning criminal facts, Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of Alternative Game Industry, Article 32 (1) of the Criminal Act (the point of aiding and abetting the use of game products inconsistent with the details rated, the selection of fines), Article 30 (1) 1 of the Criminal Act, Article 32 (1) of the Criminal Act (the point of aiding and abetting the speculative business using speculative gaming machines, and the selection of fines);

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, period of service, degree of participation in the crime, defendant's age, one time a fine in the same kind (2013), and the amount of punishment before the previous fine shall be considered;