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(영문) 부산지방법원 2020.07.23 2020고단1835

사행행위등규제및처벌특례법위반등

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Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who desires to operate a speculative business in violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. shall obtain permission from the Commissioner of the Local Police Agency, and shall not operate any speculative business in any business using slot machines or speculative gaming machines other than the speculative business;

Nevertheless, from January 30, 2020 to February 6, 2020, the Defendant installed 15 game 15 game 'Ytomato', which is a speculative gaming machine, on the first floor of Busan YY-gu B and 1st century, so that customers who find the place can put in the said game machine and make them enjoy the pressing, and on the computer screen, a picture or a number appeared by a smoke. The number or a picture shows the game that obtains points on the screen, and the same number or a picture gains points on the screen, and used the speculative machine as a business of performing speculative acts.

2. No person who violates the Game Industry Promotion Act shall provide a game product for use which has not been rated as impeding the distribution order of game products, and exchange such tangible or intangible results obtained through the use of game products;

Nevertheless, the Defendant, at the same time and place as referred to in the preceding paragraph, set up ten game 10 games without rating, operated the game room, let customers play the game as above, and converted the points acquired by the customers into 5,000 won per point, and exchanged in cash the amount excluding 10% fees.

As a result, the defendant provided game products not classified for use, and exchanged tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of statutes governing field control photographs;

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment, such as Relevant Acts and selective speculative acts, etc. concerning criminal facts and the promotion of the game industry;