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(영문) 대전지방법원 2014.06.20 2013고단4972 (1)
사행행위등규제및처벌특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 through 2 shall be confiscated.

Reasons

Punishment of the crime

From November 16, 2013 to November 18:30, 2013, the Defendant operated an illegal game room with no trade name on the first floor of the Daejeon Middle-gu C underground, Daejeon, and installed 14 mobile gaming machines, which are speculative electronic machines not classified by the Game Rating Board, and provided them to many unspecified customers, and let them input 10,000 won in the game machine, and let them input 10,000 won in the game machine, and then, if an item appeared and the points of which have been distributed on the game screen are distributed, he/she conducts speculative acts by using the game products, such as allowing them to obtain points automatically and exchange the remaining points after deducting 10% in terms of fees from the acquired points. At the same time, the summary of this evidence is as follows.

1. Legal statements of the defendant and D;

1. A report on investigation;

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

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. related to criminal facts (referring to the act of engaging in speculative acts as a business by using speculative gaming devices), Article 44 (1) 1, Article 28 subparagraph 2 of the Game Industry Promotion Act (referring to the act of allowing the use of game products), Article 44 (1) 2, and Article 32 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act: A violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., and a violation of the Act on the Promotion of Game Industry by engaging in speculative acts using game products;

1. Selection of penalty: Imprisonment;

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

1. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the confession and reflectivity of the reason for sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry and Article 48(1)1 of the Criminal Act, the records of crimes, the number of business days and scale of business, the age, character and conduct, environment and circumstances after crimes;

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