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(영문) 대구지방법원 2015.01.15 2014고단5678

사행행위등규제및처벌특례법위반등

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A defendant shall be punished by imprisonment for not less than eight 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

From March 12, 2014 to March 14, 2014, the Defendant: (a) installed 54 games, which are the third floor D Party D in Daegu-gu, Daegu-gu, and which are game products with non-graded speculative gaming machines, and (b) had many and unspecified customers put 10,00 won in the game machine; and (c) had them go up with the pre-determined rate of 10,500 won in cash, which is calculated by deducting 500 won in fee, by converting the merchandise coupon into 5,000 won per merchandise coupon; and (d) had customers acquire merchandise according to the scores obtained; and (e) had them enter the game in cash, 4,500 won, which is calculated by deducting 500 won in fee.

Ultimately, the Defendant, using a machine that is likely to attract a speculative spirit in the above manner, carried out the speculative act that causes property benefits or losses to the users and exchange the result of the game using the speculative machine, and provided the game products not classified to the customers for their use.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A protocol concerning the police investigation of suspect with regard to F;

1. G statements;

1. Each certificate of H, I, J, K, and L;

1. Seizure records;

1. The application of investigation reports (the contents of games) and the Acts and subordinate statutes governing the results of appraisal meetings;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry Promotion is to promote speculative acts by providing game products with the contents that are not classified.