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(영문) 대구지방법원 2014.08.08 2014고단2768
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around October 2013 to October 28, 2013, the Defendant served in D Gameland in Daegu-gu, as an employee at the request of D Gameland and E (Suspension of Prosecution on the same day) and provided customers with 50 game machine “sea-to-sea” (in the shape of outside, referred to as “sea-to-sea-to-sea-to-door game”) that did not receive classification, and had them input 10,00 won in the game machine, and had customers take up 10,00 won in the game machine, and then go up with the game whose points are going up according to the pre-determined rate set in accordance with the results that they continued to run in the game machine by chance, and E exchange 5,00 won per store when the points obtained by customers are displayed on the game machine screen, and exchange 4,500 won with cash after deducting 500 won in the fee.

Ultimately, in collusion with E, the Defendant used a machine that is likely to attract speculative spirit in the above manner, and exchanged speculative acts that cause property gains or losses to the users and points obtained from games according to the game results, and provided the classified game products for the use of customers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutorial investigation protocol against the defendant and E (the defendant and his/her defense counsel can not be viewed as a co-principal even if they offer game products that have not been classified as employees, but the defendant is aware of the above circumstances, so long as he/she works in the workplace E and in the game room as an employee, the above argument cannot be accepted)

1. Police seizure records;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (related to attachment of signals as a result of control support), investigation reports (calculated additionally);

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Article 30 of the Criminal Act, and the promotion of the game industry;

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