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(영문) 서울중앙지방법원 2014.09.29 2014고단5232
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

1. On March 24, 2014, the Defendant violated the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. and the Act on Promotion of the Game Industry from around 19:00 to around 00:20 of the following day: (a) on the first basement of Gangdong-gu Seoul, Gangdong-gu, the Defendant appeared with characters, such as the Sea Paris, merchant fishing, cryle, diving, diving, etc., in accordance with an influencing arrangement of the first half of the game; and (b) installed 25 game equipment, “marine e-mail”, which is a speculative electronic recreation device, operated in the manner that the source points of the fixed distribution rate are distributed; and (c) on the payment of cash to the game room, the Defendant made a profit of KRW 70,00,000 by filling the amount of KRW 9,90 per 10,000 in the electronic card and exchanging the game in cash with the gains acquired.

Accordingly, the defendant was engaged in speculative activities using speculative amusement devices and exchanged points obtained through the use of game products as a business.

2. Around March 24, 2014, the Defendant violated the School Health Act operated a speculative game room on the first floor of Gangdong-gu Seoul Metropolitan Government Ground B, a school environmental sanitation and cleanup zone.

Accordingly, the defendant committed acts or facilities prohibited in school environmental sanitation and cleanup zone.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, D, E, F, G, H, I, and J;

1. Seizure records;

1. Scenic photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Specific Crimes and Regulation of Speculative Acts, etc. concerning Punishment (the place of speculative business using speculative gaming devices), Article 44 (1) 2 of the Game Industry Promotion Act and Article 32 (1) 7 of the Act on Promotion of Game Industry (the place of business exchanging outcomes from the use of game products), Articles 19 (2) and 6 (1) 15 of the School Health Act (the place of business in the school environmental sanitation and Cleanup Zone), and the choice of imprisonment with labor;

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

1. The confiscation industry and the promotion of the game industry;

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