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(영문) 대전지방법원 2014.06.19 2013고단4954

사행행위등규제및처벌특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the business owner who provided the name of the lease contract on the Daejeon Pungdong-gu C and the second floor building, and operates an illegal game room with no trade name in the above building.

From Sep. 27, 2012 to Oct. 15:00 of the same year, the Defendant, in collusion with the person who was unaware of his name, installed 70 game machines using game products in the sea, a speculative electronic machine, which was not classified by the Game Rating Board from the game in the above game site, and provided it to many and unspecified customers, let them put 10,000 won in the game machine and let them hold the games and distribute the points on the game screen, thereby allowing them to obtain points automatically and exchange the remaining points with 10% deducted from the acquired points as commission, and at the same time, engaged in the speculative act using the speculative electronic machine.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Photographs (control site, etc.);

1. Each list of police seizure records;

1. Each investigation report (Evidence No. 11, 15, 19 through 26, 36, 70) and the results of enforcement support (Evidence No. 12);

1. Application of Acts and subordinate statutes of the copy of the lease contract (Evidence List No. 18), the copy of the lease contract (Evidence List No. 37);

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. related to criminal facts (the act of engaging in speculative acts as a business by using speculative gaming devices), Article 44 (1) 1, Article 28 subparagraph 2 of the Game Industry Promotion Act (the act of allowing the use of game products), Article 44 (1) 2, and Article 32 (1) 1 (the act of providing game products without classification) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Article 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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