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(영문) 대전지방법원 2016.08.09 2016고단1778
사행행위등규제및처벌특례법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

around January 2012, the Defendants borne the funds for the purchase of a game machine and for the lease of a game room by Defendant A, and Defendant B conspired to operate the game room as the lessee of the game site.

After the Defendants recruited as above, from March 11, 2012 to March 17, 2012, on the first floor of the Hemotour underground in Daejeon PPdong, the Defendants installed 80 game for the “sea-to-sea-to-air game”, which is a speculative electronic machine not classified by the Committee on Water Management, and had the customers who find the place enter the game into the game with 10,000 won of 10,000 won of 10,000 won of 10, thereby enabling them to use the game, and conduct speculative activities by allowing customers to exchange the remaining amount after deducting the fees from the points they acquired through the game in cash.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecution with regard to I;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Statement made by the police to J;

1. A written statement K, L and M;

1. Application of lease agreement, records and lists, and statutes on site photographs;

1. Article 30(1)1 of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Article 30(1)1 of the Act on Special Cases concerning the Punishment of Speculative Acts, Etc., Article 30 of the Criminal Act (the point of speculative business using speculative instruments, the selection of imprisonment), Article 44(1)2 and Article 32(1)1 of the Game Industry Promotion Act, Article 30 of the Criminal Act (the point of providing game products that have not been rated, the choice of imprisonment), Article 44(1)2 and Article 32(1)7 of the Game Industry Promotion Act, Article 30 of the Criminal Act (the point of using speculative business using speculative instruments and the selection of imprisonment)

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. Reasons for sentencing under Article 44(2) of the Act on the Promotion of Game Industry and Article 48(1) of the Criminal Act

1. Defendant A is against the Defendant, but this is against the Defendant.

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