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(영문) 창원지방법원 통영지원 2017.06.29 2017고단492
사행행위등규제및처벌특례법위반
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of seven thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. No one shall engage in speculative activities by using slot machines or speculative gaming machines, other than speculative business;

Nevertheless, from February 17, 2017 to 16:40 on the 24th of the same month, the Defendant carried out a speculative act by installing four game apparatuses for a speculative electronic recreation apparatus, the rating classification of which was refused by the Game Water Management Committee, and allowing an unspecified number of customers visiting the said games to input cash in the said game machine, and then allowing them to put points in property interest or losses in an incidental manner, depending on the picture or the number arrangement of the game screen, and converting the remaining points into 10,000 won per 50 points at the end of the game.

2. Defendant B: (a) was a person who operates a billiard hall on the Eth floor D and 2, and (b) was aware that A, as described in the foregoing paragraph 1, installed a physical plastic game machine and operated a speculative act as a business; (c) provided, despite being aware of the fact that he/she was operating a speculative act, he/she lent the above Eth office to A; (d) managed a game machine in the absence of A; and (e) provided, by facilitating A’s speculative business in a way of exchanging customers instead.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A written statement;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs, such as scenes);

1. Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (Selection of Imprisonment): Defendant B; Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc.; Article 32(1) of the Criminal Act (Selection of Penalty)

1. Defendant B who is eligible for mitigation: Article 32(2) and Article 55(1)6 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62(1)1 of the Criminal Act;

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