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1. The defendant A shall be punished by imprisonment for eight months;
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is the owner of a game without a trade name in Yeonsu-gu Incheon Metropolitan City D, and Defendant C and E play a role of drinking and cleaning customers in the above game site, and Defendant B served as an employee who plays a role of drinking and cleaning outside the above game site.
On October 30, 2012, from around 18:00 to November 18:16, 2012, the Defendants: (a) put up 30 game machine of “water-raising match” in the said game room; (b) installed a “self-learning” game machine, which is a speculative machine, in the said game machine, in a way that the program is carried out; (c) customers would put money into the game machine and put up money into the game machine; (d) make customers play the game in such a way that they will incur points or lose points according to the picture or the number arrangement displayed on the screen of the game machine by running the game machine; and (e) the card discharged from the game machine according to the result of the game was exchanged at KRW 4,500, excluding KRW 500 per fee per page.
As a result, the Defendants conspired to use the speculative gaming machines for business of giving financial benefits or losses to the users according to the incidental results.
Summary of Evidence
1. Defendants’ legal statement
1. Prosecutions and police interrogation protocol for the Defendants
1. Application of the statutes to the records of seizure, photographs of seized articles, site photographs, and copies of statement of accounts;
1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. under Relevant Acts concerning criminal facts, Article 30 of the Criminal Act (Selection of Imprisonment in the case of Defendants A and B, and Selection of Fine in the case of Defendants C);
1. Defendant C at a workhouse: Articles 70 and 69(2) of the Criminal Act;
1. Defendant A and B: Article 62 (1) of the Criminal Act;
1. Defendant A: Article 48(1) of the Criminal Act; Article 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;
1. Defendant A: Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;
1. Defendant C of the provisional payment order: Criminal Procedure Act.