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(영문) 서울중앙지방법원 2016.02.04 2015고단7461
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No one who violates any Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. shall engage in speculative acts as a business using slot or speculative gaming machines, in addition to the speculative businesses under the same Act;

Nevertheless, around April 17, 2015, the Defendant opened a game room with no trade name by setting up “sea-to-sea” game water on 28 computers and “sul-to-sea” game water on 14 computers in Seoul, Jung-gu, Seoul, around April 17, 2015. From May 2015 to July 30, 2015, the Defendant had many unspecified customers find the place to play a game using a charging card for the amount of cash paid by customers, and had them obtain points in advance according to the type of the game, and exchange the same picture on the game screen with points obtained according to the result of the game in cash.

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

2. No person who violates the Act on the Promotion of the Game Industry shall engage in the business of exchanging or arranging exchange or re-purchase of tangible and intangible results obtained through the use of game water;

Nevertheless, the defendant, at the above date and place, exchanged points obtained by customers through the game, such as the above "sea going through the game," in cash, and carried out such business as the above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The protocol of suspect interrogation of each police officer regarding E;

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

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs, seized objects photographs, real estate lease contract, and daily books and records at the night of the sea;

1. Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Specific Crimes, such as Relevant Acts and Punishment of Speculative Acts, Etc. (a speculative business using speculative instruments) and Article 44(1)2 of the Act on Promotion of the Game Industry.

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