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(영문) 창원지방법원 2020.08.19 2020고단1885
사행행위등규제및처벌특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

No one shall engage in speculative activities, other than those provided for in Acts, by using speculative amusement equipment, nor shall he/she distribute or use game products which have not been rated as impeding the distribution order of game products, or display or keep them for such purposes, and exchange or arrange for exchange or repurchase of tangible or intangible results obtained through the use of game products or conduct a business of purchasing them for such purposes.

Nevertheless, from December 26, 2019 to January 8, 2020, the Defendant set up 15 outdoor game machine, which is a speculative machine that was not classified at the 15th-class game room at the window B from the window B from the window B from the creative city, and offered it for the use of an unspecified number of customers visiting the above game site, and when the said customers begin the game by filling cash with an IC card, they exchanged the game after deducting 10% of the fee according to the gains obtained.

As a result, the defendant provided game products, which are non-graded speculative gaming machines, to customers for use, and carried on money exchange business of tangible and intangible results obtained through the use of game products by customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Each statement;

1. Application of the Acts and subordinate statutes on site photographs and replys and requests for appraisal of game products;

1. Relevant legal provisions concerning facts constituting an offense, and Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (the point of speculative business using speculative machines), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act (the point of exchanging game results) of the Act on Promotion of the Game Industry, and the choice of imprisonment with prison 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. Article 62-2(1) of the Criminal Act regarding community service order;

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