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(영문) 인천지방법원 2013.07.04 2012고단11323 (1)
사행행위등규제및처벌특례법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 11 shall be confiscated.

from the defendant 1,610.

Reasons

Punishment of the crime

The defendant is a person who operates a mutual Buddhist game room on the 5th floor of the building located in the Nam-gu Incheon Metropolitan City, and E is an employee in charge of money exchange affairs, who provides the tenant's name in the lease contract of a game room building and decides to play a president in the event that a game room is controlled, F is an employee in charge of seeing a carbr, G is an employee in charge of the remaining names of customers, and H is an employee in preparation for crackdown.

From August 4, 2012 to December 12 of the same month, the Defendant, in collusion with E, F, G, and H, set up 40 game machine “self-ray game machine” (game machine in which self-ray program is installed in a high-class game machine), which is a speculative machine in the above game room, and operated a business to increase or decrease points in accordance with the arrangement of the forest, with a point of 50 points per 1,000 won for many and unspecified customers, and with a point of 5,000 won for each point of 5,248,500 won, which will remain at the end of the game.

Accordingly, the defendant was engaged in speculative activities in collusion with E, F, G, or H by using machinery that could cause speculative spirit.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each prosecutor's statement of H, G, and F (including the sub-examination part);

1. Each police statement made to I and J;

1. Each written statement of K, L and M;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to internal investigation reports, field photographs, seized evidence photographs, book copies, office monthly rent contracts;

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

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. Article 10 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized to be erroneous, and the crime of this case is committed.

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