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(영문) 대전지방법원 2016.08.09 2016고단1168
사행행위등규제및처벌특례법위반등
Text

Defendant

A The fine of fine of KRW 3,00,000, Defendant B and C shall be sentenced to six months of imprisonment, and Defendant D shall be sentenced to a fine of KRW 3,00,000.

Reasons

Punishment of the crime

1. Defendant A and the Defendants, along with E, committed a speculative act of G from August 11, 2015 to around August 13, 2015, and Defendant B, from around August 13, 2015 to around August 15, 2015, Defendant A and the Daejeon-gu Building Underground Games; and the said game site, despite being aware of the fact that the game site conducts a speculative act by using speculative electronic instruments not classified as above, he/she, despite being aware of the fact that the game site conducts a speculative act by using such speculative electronic instruments, he/she would receive daily allowances from G from the proprietor of the business, and made it easier for customers to perform the speculative act of G, such as facilitating the speculative act by going outside of the game site or doing harm to customers’ heart and exchange

2. Defendant C and D: (a) around September 3, 2015 to September 4, 2015, Defendant C and the Defendants: (b) provided that, despite being aware of the fact that they conduct speculative business by using speculative electronic instruments not classified as above, Defendant C and D were to receive daily allowances from the proprietor of the relevant business; (c) provided that they could easily perform G speculative business, such as providing customers with their heart names and money exchange in the game room, by facilitating the conduct of speculative business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of the police officer in G;

1. Statement E, I, J, K, L, M, N, P, Q, R, T, T, U, and V

1. Application of each protocol of seizure, each list of seizure, F sea open photographs, photographs of ocean open games, and corresponding Acts and subordinate statutes as a result of control support;

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (a point of aiding and abetting speculative businesses using speculative gaming machines) on criminal facts, Article 44 (1) 2 and Article 32 (1) 1 of the Game Industry Promotion Act (a point of aiding and abetting the use of game products not rated) and Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act (a point of aiding and abetting the use of game products not rated) on the same criminal facts;

1. A, B, or C who is the defendant at the option of a sentence of 0: Imprisonment with prison labor for a fine of 0 defendant;

1. Mitigation (the Defendants) of the Criminal Act (Articles 32(2) and 55(1)3 of the Criminal Act

1. Article 37 of the Criminal Act provides aggravated punishment (the Defendants).

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