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(영문) 대전지방법원 2013.09.30 2013고단3231
사행행위등규제및처벌특례법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of one thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. From January 14, 2013 to January 11:5, 2013, Defendant A operated an illegal game room with no trade name on the D 7th floor of Daejeon Pungdong-gu, Daejeon, Defendant A engaged in speculative activities, such as installing 50 type electronic gaming machines, which did not receive a rating from the Game Rating Board, and allowing many unspecified customers to carry out a game, and allowing them to obtain points if three large numbers of games are coincide with each other on the game screen, and exchanging the remaining points after deducting 6% from the fees.

2. From January 10, 2013 to November 11:55, 2013, Defendant B, while working in the game room as an employee, provided the said game machine that was not classified as above, Defendant B, the owner of the business, despite being aware of the fact that he/she provided the game machine and provided the speculative business, controlled access in preparation for control through CCTV installed outside the game room, and aided and abetted the game room by providing the customer entertainment and the heart.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. On-site photographs;

1. Records of seizure and the list of seizure;

1. Copies of a report on crackdown on illegal game places, and regulation of amusement businesses affecting the public morals;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Defendants of relevant criminal facts: Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc.; Articles 44 (1) 2, 28 subparagraph 2, and 32 (1) 1 of the Game Industry Promotion Act; Article 32 (1) of the Criminal Act

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences of crimes;

1. Defendant A who is selected to impose imprisonment: Defendant B who is selected to impose a fine; and

1. Assistance and mitigation (Defendant B) Articles 32 (2) and 55 (1) 6 of the Criminal Act;

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

1. Article 70 of the Criminal Code, Article 70.

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