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(영문) 서울북부지방법원 2016.02.26 2015고단4648
사행행위등규제및처벌특례법위반등
Text

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

On September 16, 2015, the Defendant: (a) around September 16, 2015, the Defendant installed 30 games of “sea-to-sea-to-sea-to-air game” and 20 “Yamato-mar”, which are self-driving machines; (b) provided customers with 1 won per point they acquired.

As a result, the defendant provided non-grade game water to customers, exchanged the tangible and intangible results obtained through the use of game water, and conducted speculative acts using speculative gaming machines as a business.

Summary of Evidence

1. Statement by the defendant in court;

1. A monthly rent contract and an investigation report on real estate;

1. Application of police seizure records and seizure list Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 44(1)2, 32(1)1 (which provides for the use of game products not classified as the rating) of the Act on the Promotion of Alternative Game Industry, Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act (which provides for the use of game products not classified as the rating), and Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (which means exchanging game products), and each choice of imprisonment;

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. A second-class crime for the reason of sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry (the scope of a recommendation / [the scope of a recommendation / [the business of operating a speculative machine, and an unauthorized casino business] without any specific sentencing person] in the basic area ( August to January 1) (the scope of a recommendation / [the scope of a recommendation / the business of arranging exchange, arranging exchange, and re-purchase of illegal game products] / a third-class crime without any specific sentencing person [the scope of a recommendation / [the person subject to special sentencing] in the basic area (6 months-1 year-6 months] (the scope of a recommendation / the scope of a recommendation / the business of using illegal game products different from the rating] in the use of illegal game products.

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