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(영문) 대전지방법원 2016.01.13 2015고정1695
사행행위등규제및처벌특례법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 2, 2012, the Defendant: (a) received a proposal from a person without his/her name to “to give daily allowances of KRW 100,000 per week to the president of the game site; and (b) if regulating, he/she shall be punished by a fine, etc.,” and (c) entered into a lease agreement with the Defendant on January 10, 2013, with the consent of the Defendant, around Daejeon-gu B, and the second floor as the lessee on January 10, 2013.

1. From January 2013 to February 12, 2013, Defendant 1 recruited 10,000 won as above, Defendant 2: (a) opened 28 mobile games, a speculative electronic machine, and employed C and D (a summary order with a fine of KRW 3 million on October 14, 2013) as an employee; and (b) had many unspecified customers who find out the same place input KRW 10,00,00 and carried out a game; and (c) had them exchange in cash the remaining amount after deducting 10% from the points acquired through the game by customers as commission.

2. As seen above, Defendant 1 conspireds with the person infinite name, from March 26, 2013 to March 28, 2013, Defendant 2: (a) installed 30 game units for “Yulsung” at the same place; (b) employed E and F (a summary order with a fine of KRW 3 million on October 14, 2013) as an employee; and (c) operated a speculative act in the same manner as set forth in the foregoing 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer in relation to C, D, E, or F;

1. Written self-sufficiency in G, H, I, J, K, and L;

1. Report of investigation (specific suspect);

1. Each protocol of seizure and the list of seizure;

1. A copy of the control report on each public morals office, or a copy of the real estate lease contract;

1. Application of statutes governing field enforcement photographs;

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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