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(영문) 창원지방법원 통영지원 2019.09.26 2019고단742
사행행위등규제및처벌특례법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall engage in speculative activities as a business by using slot machines or speculative gaming machines, other than speculative business.

Nevertheless, from April 8, 2019 to April 12, 2019, the Defendant installed 12 e-mail electronic gaming machines, which are speculative electronic machines not classified by the Game Management Committee, in the game room on the B and the 1st underground floor from around April 8, 2019, and received cash from many unspecified customers visiting the above game site and charged points on the card, and then let customers operate the game machine using the points accumulated on the card and put points according to or lose points according to the arrangement of the picture or numbers. Upon the termination of the game, the Defendant operated the game machine by means of money exchange points remaining on the card.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. On-site photographs;

1. Police seizure records;

1. A copy of the real estate lease contract;

1. Copy of financial transaction text messages;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Specific Criminal Crimes, Regulation of Speculative Acts, etc. and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for the Supreme Court: the establishment, etc. of gambling places [Type 2] the business of operating a speculative organ, the casino business without permission (special person) [the scope of recommendation field and recommendation range], the basic field of punishment, imprisonment for August 1 and June.

3. Determination of sentence: In light of the fact that the defendant who had records of the same kind of crime again led to the crime of this case, the defendant's liability for the crime of this case is not minor;

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