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(영문) 창원지방법원 2019.07.11 2019고단894
사행행위등규제및처벌특례법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

No one shall engage in speculative activities by using any speculative machine, other than those permitted by the Commissioner of the Local Police Agency, and shall exchange, exchange, arrange for exchange, or repurchase any tangible or intangible result obtained through the use of game products.

Nevertheless, from January 10, 2019 to January 22, 2019, the Defendant operated a game room in the Sungsi-gu B building C in the Changsi-si, Changwon-si, the Defendant: (a) installed ten types of 10 games, a speculative gaming machine, which may attract speculative spirit, such as accumulation of a certain point if the screen is consistent with each other; (b) allowed customers who found the game to play the game using the said game machine; (c) calculated 20,00 won per point acquired by customers; and (d) deducted 10,000 won per 4 points; and (e) deducted 10,000 won in cash, whichever is 10,000 won, from among them.

Accordingly, the defendant was engaged in speculative activities using speculative gaming machines as a business and exchanged results obtained through the use of game products as a business.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Seizure records;

1. On-site photographs;

1. Application of Acts and subordinate statutes on a real estate lease contract;

1. Determination of respective fines for crimes under Article 30 (1) 1 and Article 2 (1) 1 (the point of illegal speculative business), Article 44 (1) 2 and Article 32 (1) 7 (the point of illegal game exchange business) of the Promotion of the Game Industry Act, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The scale, operation period, defendant's career, age, and environment of the game room operated by the defendant for the reason of sentencing under Article 44 (2) of the Confiscation and Collection Promotion Act;

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