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(영문) 서울중앙지방법원 2016.10.25 2016고단5819
사행행위등규제및처벌특례법위반
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 5,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who has established and operated 23 game rooms in Jung-gu Seoul Metropolitan Government D and 2, and Defendant B is an employee in charge of the entry management of customers who find the above game room.

In addition to the speculative business under the provisions of any Act, anyone is prohibited from engaging in speculative business by using slot machines or speculative gaming machines, even from April 11, 2016 to April 15, 2016, the Defendants installed 23 'marine open-air”, which is a speculative machine, in the said game site. After receiving cash from many unspecified customers, he/she paid a card filled with the same amount of points to customers, he/she paid the card filled with the registration card of the game machine by using the said card, and then received points to customers on the screen in return for the game, and received points from customers who request exchange after completing the game, and operated the game by exchanging the remaining points in cash per point 100 won.

As a result, the Defendants conspired to commit a speculative act that causes property benefits or losses to customers according to the incidental result using the sea game machine, which is a speculative gaming machine.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol against the Defendants

1. Each statement prepared by E and F;

1. Control photographs;

1. Application of Acts and subordinate statutes on police seizure records;

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

1. Selection of imprisonment with prison labor and fine for Defendant B against Defendant A’s option of punishment

1. Articles 70 and 69 (2) of the Criminal Act;

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (The following consideration shall be given in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on probation (Defendant A);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act (Defendant A).

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