Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall arrange for exchange or exchange or re-purchase of tangible or intangible results obtained through the use of game water.
그럼에도 불구하고 피고인은 2019. 11. 1. 경부터 2020. 1. 22. 경까지 목포시 B, 1 층에서 ‘C ’를 운영하면서 ‘ 뉴 미스터 손’ 게임 기 60대를 설치하여 그곳을 이용하는 불특정 다수의 손님들이 1 회당 100원이 차감되는 방식으로 게임 자동 진행장치( 일명 ‘ 똑딱이’ )를 이용하여 게임을 하게 한 후, 손님들이 유ㆍ무형의 결과물인 게임 당첨 점수에 대하여 환전을 원할 경우 환전 금을 게임 장 내 창고 선반에 놓아두거나 손님에게 직접 건네는 방식으로 1점 당 1원으로 계산하여 수수료 10%를 공제하고 현금으로 환전을 해 주었다.
Accordingly, the defendant was engaged in exchanging tangible and intangible results obtained using game water as a business.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D, and statement made by the police against E;
1. A protocol of seizure and a list of seizure;
1. Application of Acts and subordinate statutes to C control site photographs;
1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Alternative Game Industry, and Selection of imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act and Article 44(2) of the Game Industry Promotion Act;
1. Scope of punishment by law: Imprisonment with labor for one month to five years;
2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the types of punishment] ; the provision, etc. of the use of illegal game water [the Class 2] ; the business of exchanging, arranging exchange for money and re-purchasing [the scope of the recommended area and the scope of the recommended punishment]; the basic area of the recommended punishment; six months through one year and six months;
3. The crime of this case in which the sentence of sentence was rendered is to have many, unspecified general public have a speculative spirit.