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(영문) 대전지방법원 2014.09.26 2014고단1761
사행행위등규제및처벌특례법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten 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

Defendant

A is the owner of a game room in the size of 50 square meters in Daejeon Jung-gu E and the 1st underground floor.

From April 27, 2014 to April 30, 2014, the Defendant installed 29 game equipment at sea, which is a speculative gaming machine not classified in the above game area, and had many unspecified customers visiting the said place in cash in the game machine and opened the game, the Defendant made them to perform the game by obtaining specific points according to the emergence of the game, such as a combination or class of numbers shown on the front day of the screen by chance, and the number of customers exchanged the points that they acquired through the game in cash.

Accordingly, the defendant was engaged in speculative activities using speculative gaming devices as a business.

Summary of Evidence

1. The defendant A's partial statement

1. A protocol concerning the police investigation of suspect with regard to F;

1. Written statements of G, H, I, J, and K;

1. Scenic photographs;

1. Seizure records;

1. Application of report on investigation (specific suspect) Acts and subordinate statutes;

1. Provisions of Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, and choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including reflectivity, the absence of the same kind of power, the scale of business place and the number of business days);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The portion not guilty under Article 48(1) of the Criminal Act

1. The summary of the facts charged is that Defendant A is the proprietor of the game room in the size of 50 square meters in Daejeon Jung-gu E and the 1st underground floor, Defendant B and Defendant C are the head of the business that solicits customers in the above game room.

The Defendants conspired with each other from April 27, 2014 to April 30, 2014, with the number of 29 games in the open-air, the sea, a speculative gaming machine, and 10 games, which had not been classified in the above game area, and had many unspecified customers visiting the place, input cash in the game machine and initiate the game by chance.

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