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(영문) 대전지방법원 2014.02.19 2013고단4386
사행행위등규제및처벌특례법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of one hundred and fifty hundred thousand won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On June 10, 2013, Defendant A operated “H” in Seo-gu Daejeon Special Metropolitan City, the Defendant: (a) installed 100 game machines, a e-mail electronic machine not classified by the Game Rating Board; (b) provided it to many and unspecified customers; (c) provided them with KRW 10,00 in the game machine; and (d) provided the players with betting tickets; and (e) provided the players with the points distributed on the game screen, the Defendant carried out the speculative act using game products, such as having the players obtain the points automatically and exchange the remaining points after deducting 10% from the points they acquired, under the pretext of fees, and at the same time, carried out the speculative act using a speculative electronic machine.

2. Defendant B, while working as an employee at the date, time, and place specified in paragraph (1) of this Article, provided a game machine that was not classified as above and provided a speculative act by a business owner, instead of being aware of the existence of the absence of the business owner, the Defendant controlled access by preparing for the crackdown through CCTV installed outside the game room and iron door, and aided and abetted the game room by providing the customer entertainment and the heart.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement of I, J, K, L, M, N, P, Q, R, S, T, V, M, X,Y, Z, AA, AB, AC, and AD;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing enforcement support, replys to requests for appraisal;

1. Article applicable to criminal facts;

(a) Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. by Defendant A (a person engaged in speculative acts as a business), Article 44(1)1, Article 28 Subparag. 2 (a) of the Game Industry Promotion Act, Article 44(1)2, and Article 32(1)1 (a) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. by the Game Industry (a person who is neglected to perform speculative acts using game products),

B. Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. by Defendant B (which is engaged in speculative acts as a business) and the promotion of the game industry.

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