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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operates a party hall with the trade name “D” in macro-si.
No one shall provide game products not classified for use, display or keep them for such purposes, and exchange, arrange for exchange or repurchase the results of tangible or intangible obtained through the use of game products, or engage in speculative activities as a business using speculative gaming machines.
Nevertheless, from February 1, 2014 to February 17:00, from February 6, 2014, the Defendant: (a) installed three types of plastic gaming machines, which are speculative gaming machines not classified by the Game Rating Board; (b) provided them for use by an unspecified number of customers; and (c) exchanged the said customers by calculating 100 won per five points obtained through the said game machine and paying them to customers.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of the control site photographs, seizure records, list of seizure, copy of the report of sports facility business, and control manual;
1. Relevant Article of facts constituting a crime, Articles 44 (1) 2, 32 (1) 1 (the point of providing a game product with no classification) of the Act on the Promotion of the Game Industry, Articles 44 (1) 2, and 32 (1) 7 of the Act on Promotion of the Game Industry, and Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., 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. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. The reason for sentencing under Article 44(2) of the Act on the Promotion of the Game Industry of Confiscation and Article 48(1)1 of the Criminal Act is that the Defendant was punished by a fine, since he/she operated his/her business with a speculative gaming machine at the same place.