beta
(영문) 대전지방법원 2014.04.10 2014고정242

사행행위등규제및처벌특례법위반방조

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

From May 31, 2013 to May 19:50 of the same month, the date on which the Defendant served as an employee in an illegal game room with no trade name on the first basement B in Daejeon-gu Daejeon-gu, Daejeon-gu, the Defendant: (a) installed 40 game machine, a speculative electronic machine, which was not classified by the Game Rating Board; (b) provided 10,00 won to many unspecified customers; and (c) allowed them to put 10,000 won in the game machine; and (d) provided the games with the points distributed on the game screen, and (e) exchanged the remaining points after deducting 10% of the points from the points acquired, with knowledge of the fact that the Defendant carried on the speculative business, performed the speculative business, such as automatically obtaining the points, and exchanging the points after deducting 10% of the points from the fees, the Defendant controlled entry through CCTV installed outside the game room on behalf of the non-resident.

Summary of Evidence

1. Defendant's legal statement;

1. C’s self-written statement;

1. Seizure records;

1. A copy of the control report on public morals business;

1. Application of statutes on site photographs;

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 32 (1) of the Criminal Act, and Selection of Fines;

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, led to the confession of a crime as an initial offender and reflect in depth on the order of provisional payment.

In this context, in consideration of all the circumstances such as the defendant's age, character and conduct, environment, and circumstances after the crime, the sentence is imposed as ordered.