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(영문) 대전지방법원 2014.06.16 2013고단4821

사행행위등규제및처벌특례법위반등

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 26, 2013 to July 17, 2013, Defendant A operated an illegal game room with no trade name on the first floor of the Daejeon East-gu D, Daejeon, the Defendant: (a) installed 28 mobile game machine, a speculative electronic machine not classified by the Game Rating Board; (b) provided it to many unspecified customers; and (c) allowed customers to put 10,000 won in the game machine; and (d) distributed points on the game screen by betting; and (b) exchanged the remaining points after automatically obtaining points and deducting 10% in the fee from the acquired points; and (c) carried out speculative activities using a speculative electronic machine.

2. Defendant B, at the time and place specified in paragraph (1) of this Article, provided a game machine that was not classified as above, and provided a speculative act on behalf of an absent owner, and controlled access by preparing CCTV installed outside the game room and iron door, and aided and abetting the preparation of a business account book and customer contact inside the game room.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Each police statement concerning E and F;

1. Each self-statement of G and H;

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

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (the occupation of speculative business using speculative machines), Articles 44(1)1 and 28 Subparag. 2 of the Game Industry Promotion Act (the occupation of speculative business using game products), and Articles 44(1)2 and 32(1)1 of the Game Industry Promotion Act (the occupation of providing game products without classification);

B. Defendant B: Article 30(1) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc.