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(영문) 창원지방법원 통영지원 2018.10.18 2018고단710

사행행위등규제및처벌특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No one shall provide for the distribution or use of, or display or keep for, a game product which has not been rated by a meeting of the game water grade members, or arrange the exchange or exchange of any tangible or intangible result obtained through the use of the game product or engage in the business of purchasing such product again, and shall engage in speculative business by using slot machines or speculative gaming machines.

Nevertheless, the Defendant, on January 2018, set up six game material, which was not rated as “C party room” in the “C party room,” which was operated by the Defendant on the second and second floors, and “marine open-air gate,” which was a game material not rated as a policeman on March 2018. From around that time to April 5, 2018, the Defendant used the said game machine for customers, and, in the case of physical open-air game, exchanged 10,00 won per point obtained by customers, and 5,000 won per point obtained by customers for physical open-air.

As a result, the defendant provided game water to customers who did not receive a rating from the game water rating committee, carried on the exchange of water as a result of the acquisition through the use of game water, and carried on the speculative act using the game machine for the game.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. A certificate of report on sports facility business;

1. Business registration certificate;

1. A real estate lease agreement;

1. Application of the police seizure protocol statutes;

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Article 44 (1) 2 and Article 32 (1) 1 and 7 of the Game Industry Promotion Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Article 44 of the Confiscation Industry Promotion Act;