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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a person operating “D” in Seongdong-gu Seoul Metropolitan Government building B C.
From May 6, 2019 to May 9, 2019, the Defendant: (a) installed 40 game machine for “sea camping machine”, which is a speculative gaming machine not classified as a rating at the said unauthorized game site; and (b) operated a game machine so that an unspecified number of customers who have employed E as an employee and found the said place can play a game by charging an amount on the card; and (c) operated the game machine in a way of causing property profits or losses according to the arrangement of the picture, etc. displayed on the game screen; and (d) used the game machine by deducting 10% accumulated points when the points obtained as the result of the game are absorbed into the card, and by converting it into cash again.
As a result, the Defendant carried out speculative activities using the “sea-free game” game machine, which is a speculative machine, as a business, and exchanged points obtained through the use of game products.
Summary of Evidence
1. The suspect interrogation protocol of the accused at the prosecution E of the suspect interrogation protocol of the accused;
1. Application of the Act and subordinate statutes to search records and seizure lists, investigation reports (on-site photographs of the control place), investigation reports (Attachment of written statements to customers in the game room), investigation reports (a lease contract), investigation reports (the illegal nature of the game products “sea-to-sea”) and the illegal nature of the game products
1. Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Game Industry for Criminal Facts (including the fact of exchanging results from the use of game products, including the fact of such exchange), Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (including the fact of speculative businesses using speculative machines, including the fact of such speculative businesses using speculative machines);
1. Selection of each alternative fine for punishment;
1. Of the concurrent crimes, a prosecutor, among the concurrent crimes, has been prosecuted as an ordinary concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, but has substantive concurrent crimes.
(See Supreme Court Decision 2009Do12650 Decided January 28, 2010) 1.