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(영문) 대전지방법원 2014.05.16 2014고단704
사행행위등규제및처벌특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the owner of a game room with no trade name in Daejeon Jung-gu C underground.

No one shall engage in speculative activities as a business by using speculative amusement equipment, and exchange or arrange for exchange the results of tangible or intangible outcomes obtained through the use of game products.

Nevertheless, on January 15, 2014, the Defendant: (a) provided a 20 game machine for a “sulphical gaming machine,” which is a speculative gaming machine, in the said game room; (b) provided cash to unspecified customers visiting the said place; and (c) provided a game by having them conduct the game by means of obtaining specific points according to the combination of tasks, etc. shown on the front door of the screen by chance, and then, (d) exchanged the points that they acquired through the game in cash after deducting money exchange commission for the points that they acquired.

Accordingly, the defendant was engaged in the business of exchanging tangible and intangible results obtained through speculative acts using speculative amusement devices and the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. D or E self-written statements;

1. Photographs of a game room;

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

(a) Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. by Defendant F, and Article 44(1)2 and Article 32(1)7 of the Game Industry Promotion Act (the choice of imprisonment with labor), respectively;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the beginning crime, confession, and size and number of business days in place of business);

1. Article 44 (2) of the Confiscation Industry Promotion Act, Article 48 (1) 1 of the Criminal Act;

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