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(영문) 대전지방법원 2014.01.09 2013고단4398

사행행위등규제및처벌특례법위반등

Text

1. Defendant A shall be punished by imprisonment for eight months.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

1. From July 22, 2013 to December 3, 2012:30 of the same month, Defendant A operated the “F Gameland” on the 2nd floor of Daejeon Dong-gu Daejeon-gu, Daejeon-gu, by providing customers with a bearer item card kept at KRW 5,000 without any limit of frequency so that customers can easily receive the same or reconcilate the points stored on the said card so that customers may receive the same by exchanging 5,000 won in a way of exchange of the market price by allowing customers to easily start the game, irrespective of their choice and operational ability, even if the game does not automatically start and launch the game.

2. On July 23, 2013, Defendant B, while serving as an employee in the said “F Gameland”, provided game products modified by A, an owner of the said business, obtained points according to a favorable outcome, and aided and abetting customers to engage in speculative business by providing an item card at the market price of KRW 5,000, and providing it as free gifts.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each investigation report and response to the results of appraisal;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Use of game products different from those classified under Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (the use of speculative instruments) and Article 45 Subparag. 4 and Article 32(1)2 of the Game Industry Promotion Act.