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(영문) 수원지방법원성남지원 2020.10.29 2020고단1953
사행행위등규제및처벌특례법위반
Text

A defendant shall be punished by imprisonment for six 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

Any person who desires to operate a speculative business shall obtain the permission from the Commissioner of the Local Police Agency.

Nevertheless, without obtaining permission from the commissioner of a district police agency from February 19, 2020 to April 19:5, 2020, the Defendant printed out a certificate stating the contents of betting amount exceeding KRW 10,000 won, and issued it by exchanging the betting amount exceeding KRW 10,00 won in accordance with the pre-determined dividend rate and operating a game room in a way equivalent to 3.2% of the above amount of speculative business fees by exchanging the ID and password owned by the Defendant into “D,” which is a private gambling site, and connecting the screen to the computer monitor, and making the screen appear in the computer monitor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes concerning photographs, such as a record of seizure and a list of seizure lists, the screen closures of the game site, and the details of financial transactions;

1. Article 30 (2) 1 and Article 4 (1) of the Act on Special Cases concerning the Punishment and Regulation of Speculative Acts, etc. concerning criminal facts and selective speculative acts, etc. (Generally, Selection of Imprisonment with labor);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under the law for sentencing under Article 48(1)1 of the Confiscation Criminal Act: the scope of recommended sentences according to the sentencing guidelines for one month to three years [decision of type] shall not be [Type 2] speculative business [the scope of recommended areas and recommended types] without permission [the scope of recommended areas and recommended types]. The basic area of speculative business [the scope of recommended areas and recommended types], six months to one year.

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