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(영문) 대구지방법원 2014.11.07 2014고단4489

사행행위등규제및처벌특례법위반등

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A defendant shall be punished by imprisonment for not more than ten 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

While operating an illegal speculative game room, the defendant provided customers with "SHT" game machine, which is a game product with contents different from the rated game product, which is different from the rated game product, for their use, and thought customers with points obtained by them in exchange for money.

From March 18, 2014 to February 20 of the same month, the Defendant emitted free gifts regardless of the user’s ability, unlike the contents of the rating classification, from the game site without a trade name on the Daegu Seo-gu C and the second floor, from around March 18, 2014, the Defendant set up 50 units for the “SHT game” game in which the conditions of the appearance of the red diving box are changed and provided them to many and unspecified customers, provided them with the game site by employing employees, and directly exchanged free chips acquired by customers on the basis of KRW 4,500 per piece.

As a result, the defendant provided game products with contents different from the classified game products for customers, provided customers with a job of exchanging tangible and intangible results obtained through the use of game products, and conducted speculative acts using speculative gaming devices as a business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against D and E;

1. Written statements of D, E, and F;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes governing enforcement and support;

1. Relevant Article on criminal facts, Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning the Selection of Speculative Acts, Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act (the point of exchange of game outcomes), subparagraph 4 of Article 45 and Article 32 (1) 2 of the Game Industry Promotion Act (the point of provision of game products with contents different from those of the rating), and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under the Criminal Act;