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

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

Punishment of the crime

From February 10, 2014 to February 00, 13, 2014, the Defendant: (a) installed 40 games with no trade name on the Daegu Suwon-gu B underground-1, 2014; (b) exchanged KRW 4,500,00 after deducting KRW 500,00 per merchandise coupon 5,00,00 for each merchandise coupon, by providing customers with a “sea open-to-door” game for use by many unspecified customers, such as C, etc.; and (c) allowed customers to put up 10,00 won in the game machine; and (d) made customers to play a game where the points obtained by customers are displayed as merchandise coupons on the screen of the game machine by chance, according to the pre-determined rate set according to the results that the former is turning back and continuously emitted by chance; and (d) when the points obtained by customers are expressed as merchandise coupons, they exchanged in cash in terms of fees.

The Defendant, using a machine that is likely to attract speculative spirit in the above manner, was engaged in the business of exchanging speculative acts that cause property gains or losses to users and points obtained from games according to the incidental outcome, and provided the game products that have not been classified to customers for use.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. C’s statement;

1. A copy of the D statement;

1. Scenic photographs;

1. Current status of premiums, current status of sales and current status of expenditures;

1. Application of Acts and subordinate statutes to response reports on game products;

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, Etc. concerning facts constituting a crime and the Regulation and Punishment of Speculative Acts, etc. (the point of a speculative business, the choice of imprisonment), Article 44 (1) 2, and Article 32 (1) 1 of the Game Industry Promotion Act (the point of providing a game product with no classification, the choice of imprisonment), Articles 44 (1) 2 and 32 (1) 7 of the Act on Promotion of the Game Industry (the selection of imprisonment prior to conversion, and the selection of imprisonment);

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

1. There is no criminal record against the defendant under Article 62(1) of the Criminal Act;