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(영문) 서울중앙지방법원 2018.08.29 2018고단4414

사행행위등규제및처벌특례법위반등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No one who violates the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. shall engage in any speculative act as a business using speculative gaming machines;

From October 2017 to June 20, 2018, the Defendant operated the game forum of the trade name “F” on the second floor of the Gangnam-gu Seoul Metropolitan Government E-2, and provided 43 games of the “sea-to-sea”, which are speculative gaming machines, to customers for use.

2. No person who violates the Act on the Promotion of the Game Industry shall provide for the distribution or use of game water not classified as the rating by the Game Water Management Committee, or exchange, arrange or re-purchase of tangible and intangible results obtained through the use of game water as a business;

Nevertheless, the Defendant set up 43 game products of “sea-to-sea” game products, the rating classification of which is refused by the Game Water Management Committee at the above date, at the above location, and provided them for use by customers, and deducted 10% of commission fees, and exchanged KRW 9,000 per cash point 10,000 per game points. The Defendant provided the game products not classified as rating for use by customers, and exchanged the results acquired by customers through the use of game products for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. The content of the examination report (for the game products provided by the accused, No. 7,8 of the evidence list), the investigation report (for the game products provided by the accused), the screen of the Wter-B game products, the investigation report (for the customer, the speculative game products provided to the customer), and the homepage of the Game Water Management Committee" shall be open to the sea;

1. Application of field enforcement photographs and photographs of seized objects to the Acts and subordinate statutes;

1. Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. concerning criminal facts.