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.

Punishment of the crime

On October 18, 2013, the Defendant was sentenced to a suspended sentence of two years for six months by committing a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Daejeon District Court.

On July 27, 2016, at around 07:00, the Defendant: (a) registered as a juvenile game providing business entity in the competent authority; (b) installed 15 games of “high sea”; (c) 44 games of “credit”; and (d) 21 games of “ smart stick”, which did not receive any of the following rating; and (b) performed speculative business by putting up the game of “sea-to-sea-to-sea-to-sea”, which is a speculative electronic device, without being rated, with a knowledge that he/she is engaged in speculative business by using it; and (c) served as an employee with a daily amount of KRW 100,000,000; and (d) made it easier for customers to commit the crime of E by providing tobacco with heart or drinking water.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. A copy of each statement of F, G, and H;

1. Suppression photographs;

1. Photographs related to a game machine;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 30(1)1 of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Article 30(1)1 of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, Article 32(1) of the Criminal Act (the aiding and abetting the speculative business using speculative machines), Article 44(1)2 and Article 32(1)1 of the Game Industry Promotion Act, Article 32(1) of the Criminal Act (the aid and abetting the use of game products not rated), Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act, Article 32(1) of the Criminal Act (the aid and abetting the use of game products)

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

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 fact that the sentence of Article 62-2 of the Criminal Code of the community service order has been sentenced to a two-year suspended sentence for six months of imprisonment for the same crime.