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(영문) 수원지방법원 안양지원 2018.07.12 2018고단559

사행행위등규제및처벌특례법위반

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The defendant shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not less than six months for the crimes of paragraphs 2 and 3 of the holding.

Reasons

Punishment of the crime

[criminal records] On November 13, 2008, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (damage, etc. to a group deadly weapon) at the Suwon Faging Board (hereinafter referred to as the "Saging"). The above judgment became final and conclusive on November 21, 2008.

[2] The Defendant, along with B, employed C, D, E, etc. as a “the former president,” and decided to conduct the illegal game room business in Ansan-si. The Defendant provided funds, etc. as a business owner in the actual game room. The Defendant, as a business owner in the actual game room, employed the former president and actually managed the game room.

1. On July 25, 2008, from around October 1, 2008 to around October 1, 2008, the Defendant installed 48 game machine for “sea-to-sea-to-sea-to-sea-to-air game”, which is a speculative electronic machine, in the Mayang-to-Yan-gu F, Annyang-to-Yan-si, Annyang-si, the Defendant: (a) through B, employed the B and D as the president and under the control of an investigative agency, the Defendant was investigated as the actual president; (b) had the customers to manage the entire game, such as the employment, management, sales performance management, etc. of the said staff; and (c) had the customers finding the place enter the game machine into the game machine and operate the game machine; and (d) had the customers receive or lose points in accordance with the arrangement of a pattern such as 10,000 won on the screen, 10% of the remaining amount after deducting the amount from exchange in the name of commission accumulated.

Accordingly, the defendant in collusion with B, etc. used speculative gaming machines to make customers gain or incur property loss according to the incidental results.

2. On February 17, 2009 to February 27, 2009, the Defendant of the Manan-gu G Underground Game head of the Manan-gu Manyang-si G game room installed 50 game machine for the ocean-gypt, which is a speculative machine, at the first floor in Manan-gu G from Manan-gu, Manyang-si, and if he is employed as the president through the above B and is under the control of an investigative agency, the investigation is conducted as the actual president.