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집행유예
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(영문) 광주지방법원 2005. 12. 28. 선고 2005고단2714 판결
[사행행위등규제및처벌특례법위반·음반·비디오물및게임물에관한법률위반][미간행]
Escopics

Defendant 1 and one other

Prosecutor

T. T. H. H. H. H.

Defense Counsel

Attorneys Jeon Il-hwan et al.

Text

Defendant 1 shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment for a period of ten months.

As to Defendant 1, seven days of detention days prior to the issuance of this judgment, and as to Defendant 2, two days shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for three years for Defendant 1, and for two years for Defendant 2, from the date this judgment became final and conclusive.

The number 1,713 [Attachment List (No. 263 pages) No. 1,713 of the gift certificates (No. 75,000 won), 34,805 of the gift certificates (5,000 won), 10,000 won [No. 1,713 of the gift certificates (No. 263 of the investigation records)] Defendant 1, 5,000 won of the gift certificates, 7,138 of the 121, 1,000 won of the 5,000 won of the gift certificates, 5,000 won of the 5,000 won of the 5,000 won of the gift certificates, 122 of the 5,000 won of the 5,000 won of the 5,000 won of the gift certificates, 16,500 won of the daily revenue list [No. 26, 261 through 27)] of the 16.

Criminal facts

Defendant 1 is a person who operates a entertainment room called "(trade name omitted) location (trade name omitted) in Gwangju Northern-gu, and Defendant 2 is a person who operates a money exchange room adjacent to the above entertainment room;

1. The above defendant 1 supplied merchandise coupons from the emotional book to operate an amusement room, provided merchandise coupons to customers with free gifts so that they can exchange merchandise coupons in cash at the money exchange office operated by the above defendant 2, and discussed the fees in installments at a certain ratio, and the defendants in collusion with the above emotional bonds;

In the above (mutual omitted) entertainment room from May 2005 to October 5 of the same year, Defendant 1 provided game using 75 machine of “sulphy” an electronic game machine, and paid 5,000 won a gift gift certificate to customers according to the points they acquired. Defendant 2 paid 5,00 won a gift gift certificate to customers. The above Defendant 2 paid 4,500 won a balance of 10% excluding 10% per gift certificate in cash in the place of money exchange in the vicinity of the game room and exchanged 4,500 won per gift certificate under the name of commission for the said gift certificate to enable customers to play a game at the above game room, and thereby raising a daily sales amount of 100 million won in the way of making customers play a game at the game room. The above Defendant 1 runs a business of causing financial gain or loss to the users by using a speculative electronic gaming machine

2. Notwithstanding the fact that Defendant 1 was unable to pay gift certificates other than the kind of gift certificates of 9 designated by the Minister of Culture and Tourism as gift certificates, Defendant 1 violated the said gift certificates by providing cultural gift certificates as gift certificates by setting up a “sult” game machine at the time and place specified in the preceding paragraph in the same manner as stated in the preceding paragraph, and providing them with a gold ticket of 5,000 won per 5,000 points, which was not designated as the said gift handling criteria.

Summary of Evidence

1. Defendant 1’s legal statement and part of Defendant 2’s legal statement

1. Each prosecutor's interrogation protocol against the Defendants

1. Each prosecutor’s statement on Nonindicted 2, 3, 4, 5, and 6

1. Each written statement of Nonindicted 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27

1. Each protocol of seizure;

1. Each investigation report (trade name omitted); attach (trade name omitted); attach photographs of seized articles; attach (trade omitted); attach (trade name omitted); attach photographs of merchandise coupons; attach (trade omitted) merchandise coupons; attach photographs of merchandise coupons; attach (trade omitted); report on the presumption of sales of entertainment rooms; and report on the presumption of sales of entertainment rooms);

1. Reporting attached, such as a copy of business registration certificate;

1. Reporting on attaching a copy of the details of trading merchandise coupons;

Application of Statutes

1. Article applicable to criminal facts;

No. 1: Article 30(1)4 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, and Article 30 of the Criminal Act

No. 2: Article 50 subparag. 3 and Article 32 subparag. 3 of the Sound Records, Video Products and Game Software Act (Optional to Imprisonment)

1. Aggravation for concurrent crimes;

Defendant 1: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Defendants: Article 57 of the Criminal Act

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act

1. Confiscation;

Defendants: Article 48(1)1 and 2 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judge Jeong-hee

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