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(영문) 대구지방법원 2014.10.31 2014고단4509
사행행위등규제및처벌특례법위반등
Text

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

From April 9, 2014 to the 16th day of the same month, the Defendant: (a) installed the game for “sea-to-sea” in the “sea-to-face game” without being rated and the game for “sulfuring” in the 15th unit (each external shape, a disguised game for 10,000 won); (b) had many and unspecified customers input 10,000 won in the game machine; and (c) had many and unspecified customers enter the game machine; and (d) had the game for which the points are raised by the rate determined in advance according to the result that the players continued to run in the game machine by chance or in the future; and (d) when the points obtained by customers are displayed on the game screen, they exchange KRW 45,00,000 after deducting 10% from the fee.

The Defendant, using a machine that is likely to attract speculative spirit in the above manner, was engaged in the business of exchanging speculative acts that cause property gains or losses to users and points obtained from games according to the incidental outcome, and provided the game products that have not been classified to customers for use.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and C by the prosecution;

1. The police seizure record and the list of seizure;

1. Requests for the results of appraisal;

1. Application of investigative reporting (verification of whether the classification of a game machine is classified) Acts and subordinate statutes;

1. Relevant Article on criminal facts, Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning the Selection of Speculative Acts, Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act (the point prior to exchange), Article 44 (1) 2 and Article 32 (1) 1 of the Game Industry Promotion Act (the point of providing game products with no classification) of the Act on Promotion of the Game Industry, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Order of community service under Article 62-2 of the Criminal Act;

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