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(영문) 대구지방법원 2014.08.08 2014고단2118
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

1. No person shall engage in speculative activities as his/her business using slot machines or speculative gaming machines in violation of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc.;

The Defendant, from February 4, 2014 to February 24, 2014, installed 50 game units for “SEA STRY” games, which are speculative gaming machines, from the Daegu Seo-gu, Seo-gu, and the second floor from February 4, 2014 to the 24th of the same month, and operated speculative acts by providing customers with free gifts acquired by customers to unspecified customers and exchanging them in cash.

2. No person who violates the Game Industry Promotion Act shall provide game products for use without rating, or exchange intangible results obtained through the use of game products for a business;

The Defendant provided, at the same date and time as, and at a place as, the above paragraph (1) above, “SEA STRY” game products for unspecified customers for use by many, unspecified customers, and exchanged free chips obtained through the above game products for KRW 4,500 per head.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (with regard to the details of seizure, with regard to the access to the site and the details of detection, on-site photographs and photographs of seized articles), appraisal results and meetings, investigation reports (calculated additionally);

1. The choice of imprisonment, respectively, under Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Game Industry, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of the Game Industry, and the choice of imprisonment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 44 (2) of the Confiscation Industry Promotion Act, Article 48 (1) of the Criminal Act;

1. Article 44 of the Act on the Promotion of Additional Collection of Stocks;

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