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(영문) 수원지방법원 2017.09.05 2017고단3685
사행행위등규제및처벌특례법위반
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 3, 2017 to March 21:30, 2017, the Defendant set up 102 commercial buildings B from March 3, 2017 to March 21:30, 2017, and offered 39 units of “self-help” games to many unspecified customers, such as C, and charged 10,000 won for money from customers and 10,000 won on the card. After deducting 100 points per face-to-face game in the said game machine, the Defendant exchanged the said game by making customers play the game by having them gain points equivalent to the amount of the game appearing on the computer screen, and exchanged the following points in cash in proportion to the remaining points.

Accordingly, the Defendant was engaged in speculative activities that make the profit or loss of property by using the “self-learning game” game machine, which is a speculative machine, and the Defendant was engaged in speculative activities that make the profit or loss of property.

Summary of Evidence

1. Statement by the defendant in court;

1. Six copies of written statements of customers;

1. A criminal investigation report (in cases of attaching on-site photographs), a criminal investigation report (in cases of replys to the results of appraisal of game products), and a criminal investigation report (calculated additionally);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Punishment, etc. including Relevant Acts and selective speculative acts, etc. concerning criminal facts, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 48 (1) 2 and (2) of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended punishment on the sentencing guidelines set by the Sentencing Committee of the Supreme Court [type] the basic area [the scope of the recommended punishment] of the two types (business of speculative gaming machines) including the establishment, etc. of gambling places for gambling and game water crimes, eight months to one year and six months;

2. Determination of sentence: (a) although the Defendant’s liability is not minor in light of the size of the game site of this case and the number of speculative gaming machines installed, the Defendant’s mistake and reflects the Defendant’s fault; and (b) the economic benefits acquired from the instant crime.

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