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(영문) 대전지방법원 2016.04.11 2016고단134
사행행위등규제및처벌특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

From April 28, 2015 to around 01:10 on April 29, 2015, the Defendant operated a non-registered game room with no trade name among the 303 buildings of Daejeon Pongsung-gu, Daejeon, by having a large number of unspecified customers who visited the place by installing 20 game machine “sea-to-sea”, which is not classified as a class, put in KRW 10,00 won, and exchanged the betting amount with the remaining points after automatically obtaining the points and deducting 10% from the acquisition fees.

As a result, the defendant provided game water that is not classified into rating, and carried out speculative activities that exchange the results obtained through the use of speculative electronic gaming machines.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, G, H, I, J, and K;

1. A report on the control of a business place;

1. On-site photographs, requests for appraisal of game products, replies to the results of appraisal, and contracts for lease of real estate;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts and Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (a person engaged in speculative acts as a business using speculative gaming machines, a type of imprisonment), Article 44 (1) 2, and Article 32 (1) 1 (a) of the Game Industry Promotion Act (a person who provides game water not classified as the rating, a choice of imprisonment, and a choice of punishment) of the Game Industry Promotion Act, and Article 44 (1) 2 and Article 32 (1) 7 (a) of the Game Industry Promotion Act (a person who exchanged game result, a choice of imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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 the recommended sentences according to the sentencing criteria;

(a) Class 1 crime: [Limits of punishment for recommendations] gambling place;

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