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(영문) 대전지방법원 2017.05.10 2017고단564 (1)
사행행위등규제및처벌특례법위반방조등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 5,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A: (a) from March 11, 2016 to March 19:50, 2016, at the warehouse of the sandbd position assembly type board located in the wife population C in Gyeonggi-si, and (b) at the warehouse of the business owner D, etc., the business owner, etc., who did not receive a rating classification by utilizing the head of the business division, set up 45 game of the “sea-to-sea-to-sea-to-sea” type electronic machine. While operating, the Defendant was aware that customers would exchange the points they acquired, and was in charge of money exchange, entry in books, and collection of internal earnings from the game machine, etc.

Accordingly, the defendant made it easy to commit the crime of business owner D, etc. and prevented it.

2. Defendant B, from February 27, 2016 to March 19:50, 2016, at the warehouse of the sandd position assembly style board located in the wife population C during the Gyeonggi-si from February 27, 2016 to March 16, 2016, Defendant B installed 45 game of the “sea-to-sea-to-sea” electronic device, which is a speculative electronic device that is not classified by the proprietor D, by utilizing the head of the business division. While operating the game, the Defendant was aware of having exchanged the points obtained by customers, and was able to obtain KRW 100,000 per day from a vehicle parked outside the game site.

Accordingly, the defendant made it easy to commit the crime of business owner D, etc. and prevented it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E, F, and G;

1. Each statement of H, I, J, K, L, M and N;

1. Each investigation report and internal investigation report;

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

1. Article 30(1)1 of the Act on Special Cases Concerning the Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Article 30(1)1 of the Act on Special Cases Concerning the Punishment of Speculative Acts, Article 32(1) of the Criminal Act (the point of aiding and abetting speculative business, the choice of fines), Article 44(1)2 and Article 32(1)1 of the Promotion of Game Industry Act, Article 32(1) of the Criminal Act (the point of aiding and abetting the use of game products which are not classified as the rating, the choice of fines), Articles 44(1)2 and 32(1)7 of the Act on Promotion of respective Game Industry, Article 32(1) of the Criminal Act (the game products)

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