Defendant 1 and 13 others

Kim Jong-Gyeong, Kim Gung-young (prosecutions), and full-time (trials)

Law Firm Cheong-nam, Attorney Don-type

Defendant 1 (Defendant 3 of the judgment of the Supreme Court and Defendant 2 of the judgment of the appellate court), Defendant 2 (Defendant 1 of the judgment of the appellate court), 5 (Defendant 1 of the judgment of the appellate court), 6 (Defendant 5 of the judgment of the appellate court), and 8 shall be punished by imprisonment for one year, Defendant 3, 4 (Defendant 4 of the judgment of the appellate court), 7 (Defendant 6 of the judgment of the appellate court), 13, and 14 (Defendant 6 of the judgment of the appellate court), by imprisonment for 10 months, and by a fine of 5,00,000, 9, 10, and 12, respectively.

Defendant 11, 9, 10, and 12 fail to pay each of the above fines, each of the above Defendants shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

However, with respect to defendants 5, 6, 8, 3, 4, 7, 13, and 14, the execution of each of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant 5, 6, 8, 3, 4, 7, 13, and 14 shall order the community service for 160 hours each.

Seized evidence Nos. 1 through 3 and 5 shall be confiscated from Defendant 5, from Defendant 2, and from Defendant 6 to 8 the evidence Nos. 6 through 8, respectively.

Defendant 11, 9, 10, and 12 shall be ordered to pay an amount equivalent to the above fines.

The prosecution against Defendant 1 is dismissed.

"2013 Highest 23"

Criminal Power

Defendant 1 was sentenced to imprisonment on December 26, 1991 by the Cheongju District Court for a violation of the Punishment of Violences, etc. Act, and was 6 times the same kind of crime, including the one sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act, and was an assistant of the organization of the Japanese violence group of Cheongju-si.

Criminal facts

1. Violation of the Game Industry Promotion Act by Defendant 1;

(a) △△△;

Defendant 1, on the second floor of the building located in Cheongju-si ( Address 2 omitted), operated a speculative game room in the name of the Cheongju-si (hereinafter “Magusan-si”), and Nonindicted 3 was committed as the operator of the above game room when regulating and punishing the head of the innerly named branch. Nonindicted 4, 5, and 6, while managing the game in the day-time shift in the above game room, he was willing to exchange free gifts obtained by a game or collect cash invested in the game machine, and Nonindicted 7 and 8 were willing to put free gifts into the game room by entering the time of the customers in the above game room.

Defendant 1, in collusion with the above non-indicted 3 and 5 from March 24, 2010 to April 5 of the same year, established 40 game machine in the above game room "Yatoaland". Defendant 1, in collusion with the above non-indicted 3 and 5, established 40 game machine in the above game room from March 24, 2010, and provided customers with game products different from the contents of the rating classification by providing customers with one hundred and five hundred points after deducting 10% fee per piece of gift.

(b) The Region;

Defendant 1, under the trade name of "Geacheon-gun," in Jincheon-gun ( Address 3 omitted), actually operated a speculative game site, Nonindicted 9, as the head of the Seocho-gu branch office, was engaged in business in the course of enforcement and punishment, and Nonindicted 5, as the manager, managed the above game site. Nonindicted 10, while managing the game in shift from the above game place, exchanged free gifts acquired by customers who performed the game or collected cash invested in the game machine, and Nonindicted 6, upon entering the time of the customers, told Nonindicted 11 to play a role of promoting the game site in the form of text messages by using the mobile phone.

Defendant 1, in collusion with Nonindicted 5 and 10, from October 14, 2010 to June 22:45, 201 of the same year, set up 40 games in the above game room “Nanatoland”, and made customers play games in the way of enabling the game to obtain points on the screen that began by inserting cash in the game machine in a manner that would enable customers to obtain points on each shape and color, and then, to gain points on the game by exchanging KRW 4,500 per gift obtained as the result of the game in exchange for 5,00 won.

다. ☆☆☆☆☆

피고인 1은 청주시 (주소 4 생략)에 있는 건물 2층에서 공소외 12와 함께 ‘☆☆☆☆☆’이라는 상호로 게임장을 실질적으로 운영하고, 피고인 14는 속칭 바지사장으로 단속 및 처벌을 받을 경우 위 게임장의 운영자로 행세하고, 피고인 8은 손님들이 획득한 경품을 환전하여 주거나 게임기에 투입된 현금을 수거하는 일 등을 하고, 피고인 11, 9 등은 손님들의 시중을 들거나 게임기에 경품을 투입하는 일을 하기로 모의하였다.

Defendant 1, in collusion with Nonindicted 12 and Defendant 14, from January 17, 2012 to April 5, 2012, Defendant 1 engaged in the game by having an unspecified number of customers, who had found the said places, play a game by having them obtain 10% of the fee per gift after deducting 10% of the fee per gift when the character card of 10,000 won per gift is discharged as gift.

2. Violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. by Defendant 1, and Violation of the Game Industry Promotion Act.

피고인 1은 계속하여 제1의 다.항의 장소에서 공소외 12와 함께 ‘☆☆☆☆☆’이라는 상호로 게임장을 실질적으로 운영하고, 피고인 3은 속칭 바지사장으로 단속 및 처벌을 받을 경우 위 게임장의 운영자로 행세하고, 피고인 8은 위 게임장을 전체적으로 관리하고, 피고인 5는 ‘☆☆☆☆☆’ 근처에 ‘○○○’이라는 상호로 금은방을 차린 후 손님들이 획득한 경품인 사각형 은을 환전하여 주고, 피고인 11, 9 등은 손님들의 시중을 들거나 게임기에 경품을 투입하는 일을 담당하기로 모의하였다.

Defendant 1, in collusion with Defendant 3 and 5, from April 6, 2012 to June 20 of the same year, in the above game room, Defendant 1 operated a business of exchanging KRW 4,500,00 calculated by deducting 10% commission per free gift from “○○○○”, a money exchange station established as a result of the game, which used to provide customers with 5,00 won for the purpose of attracting speculative spirit in a manner that, if many and unspecified customers who had found 5,00 won cash in the game machine, inputs cash in the game machine, Defendant 1, in collusion with Defendant 3 and 5, etc., was likely to attract speculative spirit.

3. Defendant 1’s injury

Defendant 1: (a) from December 2009, the victim Nonindicted 13 (the 43 years of age), who was in a relationship with the victim from around December 2, 2009, was frighten with the victim’s telephone, and was frightened to the victim who was not in a state of drinking; (b) around 19:30 on April 2, 2012, Defendant 1, on the ground that the victim’s victim’s question was not asked by the victim at the ▽▽▽▽▽▽▽▽▽△△△” restaurant located in the Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, (the 5 omitted); (c) “The victim was frighten with the victim’s food, etc. on his table, and she was frighten with the victim’s hair, leading the victim to approximately 10 meters away from the above restaurant, and was frighted for seven days on the basis of the victim’s face.

"2013 Highest 473"

1. 피고인 1의 ◎◎◎◎◎◎에 대한 게임산업진흥에관한법률위반

피고인 1은 공소외 1(대법원판결의 공소외인), 14, 15, 16, 17, 18 등과 함께 청주시 (주소 6 생략)에서 ‘◎◎◎◎◎◎’라는 상호로 피고인 1은 경찰 단속 정보를 미리 알아내어 게임장이 단속되는 것을 막는 일을 하기로 하고, 공소외 1, 14, 15는 공동 업주로서 위 게임장을 실질적으로 운영하면서 공소외 14가 환전을 담당하기로 하고, 공소외 16은 속칭 바지사장으로 단속 및 처벌을 받을 경우 위 게임장의 운영자로 행세하고, 공소외 17은 위 게임장에서 속칭 ‘다이꾼’을 색출하고, 공소외 18은 종업원으로 위 게임장에서 게임기에 투입된 현금의 수거, 경품의 투입 및 손님들의 시중을 드는 일을 담당하기로 모의하였다.

Accordingly, in collusion with Nonindicted 1, 14, 15, 16, 17, and 18, Defendant 1, in collusion with Nonindicted 1, 14, 15, 16, 17, and 18, in the above game room from September 2012 to October 2012, Defendant 1, in collusion with the above game room, provided that, from September 2012, Defendant 1: (a) had many and unspecified customers, who installed 50 game instruments, put cash in the game machine into the game machine, obtain points in line with the screen, such as the class, 4,500 won per gift acquired by them; and (b) had customers exchange 5,500 won after deducting 10% fee per gift gift acquired by the result of the game as above.

After all, in collusion with Nonindicted 1, 14, 15, 16, 17, and 18, Defendant 1 was engaged in the business of exchanging results obtained through the use of game products.

2. 피고인 1의 ◁◁◁◁◁◁에 대한 게임산업진흥에관한법률위반

피고인 1은 공소외 1, 19, 17, 14, 20, 18, 21, 22, 23 등과 함께 청주시 (주소 7 생략)에서 ‘◁◁◁◁◁◁’라는 상호로 피고인 1은 경찰 단속 정보를 미리 알아내어 게임장이 단속되는 것을 막는 일을 하기로 하고, 공소외 1은 공동업주로서 위 게임장을 실질적으로 운영하고, 공소외 19는 속칭 ‘바지사장’으로 단속 및 처벌을 받을 경우 위 게임장의 운영자로 행세하고, 공소외 17은 공동업주로서 게임장 내에서 ‘사장’으로 행세하면서 위 게임장을 전반적으로 관리하며 속칭 ‘다이꾼’을 색출하고, 공소외 14는 공동업주로서 위 게임장의 게임기 40대를 제공하고, 공소외 20은 ‘부장’으로 공소외 17의 지시를 받아 종업원을 관리하고, 공소외 18은 주간조 카운터를 보면서 위 게임장의 자금을 전반적으로 관리하고, 공소외 21은 야간조 카운터를 보면서 위 게임장의 자금을 전반적으로 관리하고, 공소외 22와 공소외 23은 위 게임장의 밖에서 손님들에게 게임의 결과물을 환전하여 주기로 모의하였다.

Accordingly, Defendant 1 conspiredd with Nonindicted 19, 17, 14, 20, 20, 18, 21, 22, and 23 on November 1, 2012 to January 1, 2013, Defendant 1, in collusion with Nonindicted 19, 17, 14, 20, 20, 18, 21, 22, and 23, provided that, from the above game site, Defendant 1: (a) had many and unspecified customers who had found the said place install 40 game machine; (b) had them perform the said game by obtaining points in line with the forest, such as the class, and (c) had them receive points 5,00; and (d) exchanged KRW 4,500 per gift gift obtained by customers as the result of the game as above, 10% per gift.

Ultimately, in collusion with Nonindicted 1, 19, 17, 14, 20, 18, 21, 22, and 23, Defendant 1 was engaged in business exchange of results obtained through the use of game products.

"2013 Highest 439"

1. Violation of the Game Industry Promotion Act by Defendants 13, 8, and 11;

피고인 13, 8, 11은 피고인 1과 함께 청주시 (주소 4 생략)에 있는 건물 2층에서 피고인 1은 ‘☆☆☆☆☆’이라는 상호로 게임장을 실질적으로 운영하고, 피고인 13은 속칭 ‘바지사장’으로 단속 및 처벌을 받을 경우 위 게임장의 운영자로 행세하고, 피고인 8은 위 게임장의 ‘카운터 실장’으로 근무하면서 게임장의 종업원 및 자금을 전반적으로 관리하는 일을 담당하고, 피고인 11은 위 ☆☆☆☆☆의 종업원으로 근무하면서 게임기에 투입된 현금의 수거, 경품의 투입 및 손님들의 시중을 드는 일을 담당하기로 모의하였다.

Defendant 13, 8, and 11 conspired with Defendant 1 on January 17, 2012 to around February 10, 2012, Defendant 1 established 40 game machine “ Lebrid fishing” in the said game room, and had many and unspecified customers who found the said place enter the game in a way of enabling them to obtain points at a certain level on the screen that began by inserting cash in the game machine, and then put them into a game in a way of enabling them to obtain points at a specific scupage, with the points obtained, and then put them into a 10,000 won after deducting 10% fee for each gift.

2. Violation of the Game Industry Promotion Act by Defendants 14, 8, and 11.

피고인 14, 8, 11은 피고인 1과 함께 청주시 (주소 4 생략)에 있는 건물 2층에서 피고인 1은 ‘☆☆☆☆☆’이라는 상호로 게임장을 실질적으로 운영하고, 피고인 14는 속칭 ‘바지사장’으로 단속 및 처벌을 받을 경우 위 게임장의 운영자로 행세하고, 피고인 8은 위 게임장의 ‘카운터 실장’으로 근무하면서 게임장의 종업원 및 자금을 전반적으로 관리하는 일을 담당하고, 피고인 11은 위 ☆☆☆☆☆의 종업원으로 근무하면서 게임기에 투입된 현금의 수거, 경품의 투입 및 손님들의 시중을 드는 일을 담당하기로 모의하였다.

Defendant 14, 8, and 11 conspired with Defendant 1 on February 11, 2012 to April 5, 201 of the same year with Defendant 1, set up 40 game machine “ Lebrid fishing” in the above game room, set up a number of unspecified customers who found the above place in order to make them play a game in such a way as to obtain 10% fees per gift, after making them enter a catch, news articles, strings, etc. on the screen that began by inserting cash into the game machine, and allowing them to obtain 10% fees per gift, and then, they set up a business to exchange 9,000 won after deducting 10% fees per gift if the 10,000 character card was discharged as gift gift.

3. Violation of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. by Defendants 2, 3, 5, 8, 11, 9, 10, and 12, and violation of the Game Industry Promotion Act;

피고인 2는 피고인 1 등과 함께 청주시 (주소 4 생략)에 있는 건물 2층에서 피고인 1은 ‘☆☆☆☆☆’이라는 상호로 게임장을 실질적으로 운영하고, 피고인 3은 속칭 ‘바지사장’으로 단속 및 처벌을 받을 경우 위 게임장의 운영자로 행세하고, 피고인 8은 위 게임장의 ‘카운터 실장’으로 근무하면서 게임장의 종업원 및 자금을 전반적으로 관리하는 일을 담당하고, 피고인 5는 위 게임장 근처에서 ‘○○○’이라는 상호로 금은방을 차린 후 손님들이 획득한 경품인 사각형 은을 환전하여 주고, 피고인 11, 9, 10, 12 등은 위 ☆☆☆☆☆의 종업원으로 근무하면서 게임기에 투입된 현금의 수거, 경품의 투입 및 손님들의 시중을 드는 일을 담당하기로 모의하였다.

From April 6, 2012 to June 20 of the same year, the above Defendants conspired to set up 50 games for “sea credit” in the above game room from April 6, 2012 to set up 50 games, and, if many unspecified customers who found the said place make cash in the game machine, provide customers with the “sea credit” game having concerns over inducing speculative spirit by allowing them to gain free gifts at 5,000 points per 5,000 square meters per gift based on the score obtained according to the game set on the game screen. On the other hand, they exchanged 4,50 won per free gift from “○○○○”, which is a money exchange for customers acquired as the result of the game as above, which is a gift gift acquired by the game, by d.50 won per gift.

4. Violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. by Defendants 2, 4, 5, 6, 7, 11, 9, 10, and 12, and violation of the Game Industry Promotion Act;

피고인 2는 제3항 기재 게임장을 피고인 1로부터 인수하여 피고인 4, 5 등과 함께 ‘☆☆☆☆☆’이라는 상호로 피고인 2는 위 게임장을 실질적으로 운영하고, 피고인 4는 속칭 바지사장으로 단속 및 처벌을 받을 경우 위 게임장의 운영자로 행세하고, 피고인 6, 7은 위 게임장을 전반적으로 관리하는 일을 담당하고, 피고인 5는 ‘☆☆☆☆☆’ 근처에 ‘○○○’이라는 상호로 금은방을 차린 후 손님들이 획득한 경품인 사각형 은을 환전하여 주고, 피고인 11, 9, 10, 12 등은 위 ☆☆☆☆☆의 종업원으로 근무하면서 게임기에 투입된 현금의 수거, 경품의 투입 및 손님들의 시중을 드는 일을 담당하기로 모의하였다.

From June 26, 2012 to July 25, 201 of the same year, the Defendants conspired as above in collusion with the above, and thereby, in the above game room, the Defendants carried out a business of exchanging KRW 4,500,00 calculated by deducting 10% fee per free gift from “○○○○○○”, which is a money exchange station established as a result of the game, minus the commission of 10% per free gift, if many and unspecified customers who have established 5,00 in the game machine make cash in the game machine.

[Attachment 2013 Height 23, 473]

1. Defendant 1’s legal statement

1. Each prosecutor's protocol of suspect examination on Defendants 1, 3, 11, 13, 14, Nonindicted 6, 9, 1, 20, 22, 23, 19, 18, and 14

1. Copy of each prosecutor's protocol of interrogation of Nonindicted 7, 8, and 3

1. Each prosecutor’s protocol on Nonindicted 10, 6, 4, 13, 1, and Defendant 2

1. Copies of each seizure protocol;

1. A copy of each self-written statement;

1. Copies of field control photographs;

1. Copies of each certificate of rating classification of game products;

1. CCTV photographs, etc.;

1. A copy or a letter of entrustment of an emergency department;

【2013 Highest 439】

1. Defendants’ legal statement

1. Each prosecutor's protocol of interrogation of the accused 3, 14, 5, 4, 7, 13, 2, 8, and 1;

1. Each protocol of seizure and each list of seizure;

1. All on-site photographs and free photographs;

1. Copies of money exchange business accounting books and business accounting books; and

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant 1: Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., Article 30 of the Criminal Act (the use of speculative businesses using speculative machines), Article 45 Subparag. 4, Article 32(1)2 of the Game Industry Promotion Act, Article 30 of the Criminal Act (the provision of game products different from the contents of classification). Articles 44(1)2 and 32(1)7 of the Act on Promotion of respective Game Industry, Article 30 of the Criminal Act (the provision of game products as a result of exchange business), Article 257(1) of the Criminal Act (the provision of injury)

B. Defendant 2, 3, 4, 5, 6, 7, and 8: Articles 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc.; Article 30 of the Criminal Act (a place of speculative business using speculative machines); Articles 44(1)2 and 32(1)7 of the Act on the Promotion of respective Game Industry; Article 30 of the Criminal Act (a place of business exchanging results)

C. Defendant 9, 10, 11, and 12: Each of the speculative acts, etc. provided by Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc.; Article 30 of the Criminal Act (the use of speculative acts using speculative machines); Articles 44(1)2 and 32(1)7 of the Act on the Promotion of Game Industry; Article 30 of the Criminal Act (the use of speculative acts as a business exchanging results)

D. Defendant 13 and 14: Articles 44(1)2 and 32(1)7 of the Act on the Promotion of respective Game Industry, Article 30 of the Criminal Act (as a result, exchange of goods as a business), the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

Defendant 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12: the former part of Article 37 of the Criminal Act, Articles 38(1)2, and 50 of the Criminal Act

1. Detention in a workhouse;

Defendant 11, 9, 10, and 12: Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant 5, 6, 8, 3, 4, 7, 13, and 14: Article 62(1) of the Criminal Act

1. Social service order;

Defendant 5, 6, 8, 3, 4, 7, 13, and 14: Article 62-2(1) of the Criminal Act

1. Confiscation;

Defendant 5 and 4: Article 44(2) of the Promotion of respective Game Industry Act and Article 48(1)1 of the Criminal Act

1. Order of provisional payment;

Defendant 11, 9, 10, and 12: Article 334(1) of the Criminal Procedure Act

1. Summary of the facts charged

Defendant 1, from December 2009, demanded that the victim Nonindicted 13 (Li, 43 years old) who was in a relationship with the victim from around December 2009 return and hedging money without the Defendant’s telephone, and the victim’s complaint was raised. At around 22:30 on June 20, 201, Defendant 1 assaulted the victim’s face at the parking lot of the elderly welfare center located in Cheongju-si ( Address 8 omitted), “The victim was feasible, but he was feasible, but he was feasible, and he was feasible, with the Defendant’s hand, at two times the victim’s face.”

2. Determination

However, this is a crime falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the records, it is obvious that the victim non-indicted 13 has withdrawn his/her wishing to punish the defendant around February 5, 2013, which is after the prosecution of this case. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

[Defendant 1]

○ Operation of the illegal game room is highly harmful to society by encouraging excessive speculative spirit to the general public and undermining their sound sense of work, so there is a need to punish it strictly.

○ The number of illegal games operated by ○ is large, its size is large, and its business period is considerable.

○, even after it was controlled, continually moved the place without being aware of it, and operated or participated in other illegal game places.

The purpose of this paper is to systematically share duties with many Defendants, and to exempt them from liability on the ground of nominal business owner.

Although there was a history of punishment for a violation of the Punishment of Violences, etc. Act several times, the victim Nonindicted 13 inflicted an injury.

○ An agreement with the victim Nonindicted 13

○ It does not have the same criminal power related to the game room.

○ The overall recognition of and reflects on the crime

[Defendant 2]

○ Operation of the illegal game room is highly harmful to society by encouraging excessive speculative spirit to the general public and undermining their sound sense of work, so there is a need to punish it strictly.

The degree of crime is serious as an operator of the game room.

○ The size of the game room is significant and its business duration is up to one month.

The purpose of this paper is to systematically share duties with many Defendants, and to exempt them from liability on the ground of nominal business owner.

○ It is a simple gambling crime in 1996 that there is no particular criminal power except as sentenced to a fine of KRW 200,000.

○ The overall recognition of and reflects on the crime

[Defendant 5, 6, 8]

○ High business-related points, such as exchange, fund management, business management, etc.

○ In the case of Defendant 6 and 8, the fact that there are the same criminal records.

[Defendant 3, 4, 7, 13, 14]

○ Defendant 3, 4, 13, and 14 are the business owners in the name of a third party (the president of a third party) and are highly responsible for their contribution to the game site to character and conduct. However, consideration of the actual business owners in the investigation process is given.

○ Defendant 7 is a business manager with a high business relation.

[Defendant 11, 9, 10, 12]

○ Employees who have no criminal record of the same kind;

○ Defendant 9 and 10 are primary offenders

Judges Maapnor