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(영문) 대전지방법원 2014.06.20 2014고단1130

사행행위등규제및처벌특례법위반등

Text

A defendant shall be punished by imprisonment for six 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

No one shall engage in speculative acts as a business by using speculative gaming devices, and shall provide the distribution or use of game products which have not been rated.

The defendant operated a non-tradeless game room on the second floor of Daejeon mid-gu C(D building).

On March 8, 2014, from around 00 to around 16:00 on March 9, 2014, the Defendant: (a) installed 25 puls game machines which did not receive a rating in the said game and visited customers; and (b) put them into the said game machine and put them out of the beginning server, the Defendant carried out a speculative business using the remaining amount after deducting a certain amount from the accumulated points of the fee in cash, with the accumulated points.

As a result, the Defendant carried out speculative acts using speculative gaming devices as a business, and provided game products not classified as game products for use.

Summary of Evidence

1. Defendant's legal statement;

1. E, F, G, and H self-performance;

1. A photograph of the control place and a report on the control of public morals business; and

1. Police seizure records;

1. Application of Acts and subordinate statutes on a lease contract;

1. Punishment of the relevant provisions of Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts (referring to the provision of speculative acts as a business using a speculative implement), and Article 44 (1) 1 of the Game Industry Promotion Act and Article 32 (1) 1 of the Act on Promotion of the Game Industry (referring to the provision of ungraded game products for use), and selection of imprisonment with labor

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of criminal punishment other than reflective and minor criminal records, the motive for the crime, the scale of business place, the number of business days

1. Article 44 (2) of the Confiscation Industry Promotion Act, Article 48 (1) of the Criminal Act;