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(영문) 대전지방법원 2013.05.09 2013고단707

사행행위등규제및처벌특례법위반등

Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. From August 21, 2012 to December 12, 2000 of the same month, Defendant A engaged in speculative activities, such as installing 35 game machines, a speculative electronic gaming machine, at “E” on the first floor of the Daejeon Seo-gu Daejeon District D, and providing customers with 10,000 won in the game machine by allowing them to put 10,000 won in the game machine, and then giving customers with the mark allocated on the game screen, and allowing them to automatically obtain the mark when an item appeared, and exchanging the remaining mark after deducting 10% in the fee.

2. On August 2012, Defendant B received a proposal from Defendant B, the proprietor of the said game room, “A, who is the proprietor of the said game room, will give a fine of two million won in cash and, instead of being regulated, will give a fine to a police investigation if he/she wants to operate the game room,” and aided and abetted A to act as a president in the name of the above, with the knowledge that he/she would engage in the speculative business as above.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement concerning F;

1. Each self-written of G, H, I, J, and K;

1. Seizure records;

1. Copy of the control report on public morals and business office;

1. Application of Acts and subordinate statutes to each copy of business books;

1. Article applicable to criminal facts;

(a) Defendant A: Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (the occupation of speculative business using speculative machines), Articles 44(1)1 and 28 Subparag. 2 of the Game Industry Promotion Act (the occupation of speculative business using game products), and Articles 44(1)2 and 32(1)1 of the Game Industry Promotion Act (the occupation of providing game products without classification);

B. Defendant B: Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc.; Article 32(1) of the Criminal Act (a) of the Criminal Act; Article 44(1)1 and Article 28 Subparag. 2 of the Game Industry Promotion Act; Article 32(1) of the Criminal Act.