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(영문) 대전지방법원 2013.05.10 2012고단3794
사행행위등규제및처벌특례법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

E, from December 21, 201 to January 19:40, 201, when operating G on the first floor located in the Daejeon Dong-gu, Daejeon, from January 21, 201 to January 5, 2012, 40, the Defendants provided 90 players with a speculative electronic machine such as setting up a game for “sea-to-sea” in the “sea-to-air game” in the 25th period, and 25th unit in the “Bbbbol Game” in the 25th unit, by providing them with an unspecified customer with a 10,00 won ticket in the game machine, and then enabling them to carry it out a hosting, and assist them to perform the speculative act by automatically obtaining points when an item appeared, and deducting 5,000 won from the point of automatic acquisition and from the point of view of commission to the point of 5,000, the Defendants provided them with an employee 4,500,01.

Summary of Evidence

1. Defendants and E’ respective legal statements

1. Each police interrogation protocol of the Defendants and E

1. Each game description and reply of the result of control support;

1. Application of respective Acts and subordinate statutes of police seizure records;

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Specific Crimes and Regulation of Speculative Acts, etc. concerning the Selection of Punishment, etc., and Article 32 (1) of the Criminal Act;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. The Defendants’ grounds for sentencing under Article 334(1) of the Criminal Procedure Act reflects each other’s mistake, and all the Defendants, as employees, failed to take part in and act as to the instant crime, and the age, character, conduct, intelligence and environment of the Defendants, motive, means and consequence of the instant crime, etc.

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