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(영문) 서울중앙지방법원 2019.05.30 2019고단1023
사행행위등규제및처벌특례법위반등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the owner of a building in Nowon-gu in Seoul Special Metropolitan City, a game room with no trade name in the first basement, and the defendant B is an employee in the above game room.

No one shall engage in speculative acts by using slot machines or speculative gaming machines, other than speculative business permitted by the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., and shall provide game products not classified by the Game Management Committee for distribution or use, or exchange the results obtained through the use of game products.

Nevertheless, from November 9, 2018 to the 13th day of the same month, the Defendants conspired with each other, and operated a game by setting up 18-party game machine in the sea open game and 10-party 10-party 10,000 won in cash per game point after deducting 10% of the commission from the game point obtained by customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Seizure records;

1. Application of Acts and subordinate statutes to each investigation report (including accompanying documents);

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. under the relevant provisions on criminal facts, Article 44 (1) 2 and Article 32 (1) 4 and 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act;

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

1. Suspension of execution (the defendants) Article 62(1) of the Criminal Act (the first offense against the defendants A), taking into account the fact that the size of the crime is relatively small, and that the defendant B seems to have made a lot of reflection during his detention, etc., taking into account the fact that the defendant B has no same military force and the degree of participation is relatively insignificant);

1. Confiscation (Defendants) and the promotion of the game industry;

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