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(영문) 인천지방법원 2014.01.24 2013고단1015 (1)
사행행위등규제및처벌특례법위반
Text

A defendant shall be punished by imprisonment for six 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

C The general management of the non-trade-free gambling games underground of the building in the Nam-gu Incheon Metropolitan City, which are operated by friendly job offering D, and if the police is controlled, F is called the "business president" under the investigation. F is a "business chief" under the above game room, who plays a role of gathering customers who have performed a speculative game in the above game room, and the defendant is a "stove" under the name of the defendant who is permanently stationed outside the game room and is an employee of G, and H is an employee of the above game room in order to avoid regulation.

Defendant, C, G, H, and F in collusion with the above D from August 4, 2012 to August 20:10, 2012, from August 7, 2012, the Defendant, C, H, and F set up 40 game instruments in the above private game room, and had many unspecified customers put 10,000 won in the above game machine, and automatically run the game. If the game was set up on the screen of the game machine, the game was set up at a minimum of 10,000 points from the minimum of 10,000 points from the game machine, and at a minimum of 50,000 points from the minimum of 50,000 points from the game machine to the nearest of 20,000 points from the game machine, and they exchanged the points obtained by customers into KRW 5,000 per point.

Accordingly, the defendant, C, G, H, and F engaged in speculative activities in collusion with the above D by using speculative gaming machines.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning C and F;

1. Each police interrogation protocol of G and H:

1. Each statement;

1. Records of seizure and the list of seizure;

1. A report on internal investigation (on-site conditions, etc.);

1. Application of statutes on site photographs;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Although there is a previous conviction of fine of the same kind, the accused is led to the confession of the fact of the crime, reflects the degree of participation in the crime, etc.

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

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