A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 27, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution with prison labor for the establishment of gambling places in the Gangseo branch court of the Chuncheon District Court. On October 11, 2017, the judgment became final and conclusive.

피고인은 속칭 ‘ 바지 사장’ 역할을 담당한 C 와 2016. 7. 경 강릉시 D에 있는 ‘E 게임 장 ’에서 환전 영업을 하기로 모의하여, 2016. 7. 22. 경부터 2016. 8. 18. 경까지 위 게임 장에 ‘ 골드 샷’ 게임 기 40대를 설치하고 게임 장 영업을 하던 중, 불특정 다수의 손님들이 위 게임 물의 이용을 통하여 획득한 점수의 환 전을 요청하면, 손님들이 취득한 아이템카드 1장 당 5,000원으로 계산하여 수수료 명목으로 10% 인 500원을 공제하고 4,500원에 환전하여 주었다.

Accordingly, the defendant, in collusion with C, engaged in the business of exchanging tangible and intangible results obtained through the use of game water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect with regard to C by the police (including substitution of a suspect);

1. Statement made by the police with regard to F;

1. The investigation report (the 16th regular report);

1. Previous convictions: Inquiries of residents, inquiry about criminal history, reporting of the results of confirmation of minor convictions, and application of Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act, and the choice of imprisonment with prison labor;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reason for sentencing under Article 39(1) is against the Defendant’s wrongness; (b) the equity with the case to be judged at the same time with the case to be tried; and (c) there are family members to support the instant crime; (c) however, the instant crime was committed by the Defendant on the ground that the Defendant was the president, and exchanged the outcome of the game to customers; and (d) in light of the period of the crime, the number of games, the size of business place, etc., the liability for the crime was not less minor; and in particular, the criminal punishment was imposed for the same type of crime in 2012.