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1. Defendant RR shall be punished by imprisonment for not less than three years and six months.
2. Defendant A shall be punished by imprisonment with prison labor for one year and six months.
Reasons
Punishment of the crime
[2016 Highest 2779]
1. Defendant R and A’s joint criminal conduct: (a) employing employees, such as D and S, on the ground of the term “breath president; (b) operating an illegal game room; and (c) under control, Defendant A conspired to pay the agreed remuneration to the “bab president” in accordance with investigation, prosecution, and judgment; and (c) Defendant A conspired to be responsible for the operation of an illegal game room, while conducting the illegal game room as “bab president” at the time of crackdown.
On December 20, 2015, the Defendants operating the illegal game room from around 18:00 to 20:00 on December 20, 2015, at the first floor of W-dong, Daejeon-gu from around 18:00 to around 20:00, Defendant A regularly opened a game room for the implementation of unemployment, and Defendant R prepared a game for the purpose of obtaining KRW 1 million from 500,000 on the computer screen by installing 47 game machine of “sea-to-sea-to-sea”, which is an electronic gaming device that did not receive a rating. Defendant R prepared for the game for the purpose of obtaining KRW 10,000 from 50,000 on the computer screen, by deducting KRW 10,000 from 10 per customer’s input.
According to the evidence adopted by the court, on December 20, 2015, it appears that there was no customer who actually found the above game room. Thus, even if there was no customer, it is reasonable to view that the defendant provided illegal game not only to display and keep the illegal game, but also to engage in speculative acts using the speculative gaming device. Accordingly, the defendants conspired to offer the game products for use, and conducted speculative acts such as pecuniary gain or loss to the user by using the speculative electronic gaming device.
(b) the operation of the illegal game room on February 4, 2016;