A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 Highest 319] The Defendant: (a) was a person who actually operates and manages “C party room” in net City B and 2; and (b) from January 4, 2016 to January 20:40 of the same month, the Defendant installed one game machine, which is a speculative machine, in the above party room, and had many unspecified customers acquire points in accordance with a pro rata result, after receiving a certain score, the Defendant operated a speculative act in cash exchange by calculating the score obtained by customers as 10,000 won per 500 points.

[2016 Highest 1385] From May 24, 2016 to May 29, 2016, the Defendant installed one game for the “mail posters”, which is a speculative machine in the above billiard room, and had many unspecified customers input cash in the above game machine, the Defendant carried out a speculative act by having them obtain points after receiving a certain point and divide the burner of the game machine into the game machine, and exchange it in cash by calculating the score 500 won per 10,000 won.

Summary of Evidence

Defendant’s legal statement

Application of Acts and subordinate statutes to the on-site photo seizure records, list of seizure lists, appraisal results, reply, investigation report (Attachment of documentary evidence).

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Special Cases concerning the Punishment of Speculative Acts, etc. concerning criminal facts and selective speculative acts, etc.;

2. Article 62 (1) of the Criminal Act;

3. Probation and community service order under Article 62-2 of the Criminal Act;

4. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the Defendant was punished four times by a fine for committing a speculative act using a physical posters game machine in the billiard room, and the Defendant committed the same crime, even though he was punished by a fine, and even after he was arrested by the police, he purchased the physical posters game machine again and was prosecuted, it is difficult to view that the Defendant’s vision was fixed.