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(영문) 서울동부지방법원 2020.04.17 2020고단411
사행행위등규제및처벌특례법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No one shall engage in speculative business by using slot machines or speculative gaming machines, other than speculative business.

Nevertheless, from June 17, 2019 to June 19, 2019, the Defendant installed 15 game 15 and 35 game equipment of “sea-to-sea”, which is a speculative game machine not classified as class at the illegal game site located in Gangdong-gu Seoul Metropolitan Government B and 1 underground, and operated a game by operating the game machine so that many unspecified customers who found the game place can play a game by charging an amount on the card, thereby causing property profits or losses according to the arrangement, such as the picture shown on the game screen. When the points obtained as the result of the game are accumulated in the card, the Defendant operated the game by exchanging the accumulated points in cash.

As a result, the Defendant used the game machine, “marine camping machine” and “matoma”, which is a speculative machine, to engage in a speculative act that causes financial gain or loss to customers according to the outcome of the game.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each statement of D, E, F, G, H, I, J, K, and L;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of photographs at the control site, monthly rent contract, result of data confirmation analysis, details of electric consumption);

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Specific Criminal Crimes, Regulation of Speculative Acts, etc. and Selection of Imprisonment with labor;

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

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Reasons for sentencing under Article 48 (1) 1 and 2 of the Criminal Act;

1. The scope of recommended types according to the sentencing guidelines [the range of recommended types] [the category 2] the business of operating speculative gaming machines [the scope of recommended fields and recommended types], the basic area of imprisonment with labor for August through January 16;

3. Illegal game places in which sentence of sentence is determined; and

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