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(영문) 대전지방법원 2017.05.02 2017고정460
사행행위등규제및처벌특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From August 28, 2016 to December 29, 2016, the Defendant installed 80 game machine for “sea-to-sea” game, which is a speculative machine not classified by the Game Water Management Committee, in which the Defendant had no trade name in Daejeon Jung-gu, Daejeon from around August 28, 2016; installed 80 game machine for “sea-to-sea” game; provided it to unspecified customers for use; and exchanged the remaining points after deducting 5% from the points acquired by customers as commission fees.

As a result, the Defendant carried on speculative acts using speculative gaming machines as a business, provided customers with ungraded game water, and exchanged the results obtained through the use of game water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against C, D, or E;

1. Each statement of F, G, H, I, J, K, L, M, N,O, P, Q, and R;

1. Application of Acts and subordinate statutes to photographs of control site, letters of change of name, and photographs of lease contract;

1. Relevant Article of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Article 30(1)1 of the Act on Special Cases concerning the Punishment of Speculative Acts, Etc. (the occupation of speculative business using speculative instruments), Article 44(1)2 of the Game Industry Promotion Act, and Article 32(1)1 of the Act on Promotion of the Game Industry (the occupation of providing game products that are not classified as the classification of class), Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act (the occupation of exchanging the results of game products), and each choice of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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