2011 Highest 645 A. Violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc.

(b) Assistance in violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc.;

1. (a) ○○○ (0000 - 000000) - Projects

Daejeon: Not more than Daejeon

place of registration is not more than 70

2.(b) Doz. (0000 - 000000) Doz.

Daejeon: Not more than Daejeon

Reference domicile Daejeon: Omission

Binding iron iron grams

Attorney Kim Han-hwan (Apon for Defendant ○○○○)

April 2011, 201

Defendant ○○ is punished by imprisonment for eight months, by a fine of KRW 2,00,00, and KRW 00.

Defendant Dog-gu did not pay the above fine, the period of 50,000 won converted into one day.

The above defendant shall be confined in a workhouse.

Seized evidence 1 to 7 shall be confiscated from Defendant ○○○.

Defendant Dogsung shall order the above fine to be paid in an amount equivalent to the above fine.

Facts of crime

Defendant ○○ is a business owner operating a speculative game hall in the name of “△△ Gameland” in Daejeon-gu (hereinafter omitted). Defendant ○○ is an employee of the said game room.

1. Defendant 1 ○○

From December 7, 2010 to February 18, 2011, the Defendant: (a) installed 80 games in the game of △△△ Gameland; (b) had customers play a game by inserting cash in the game machine; and (c) made customers play a game; and (d) marked 10,000 won in the game machine, 100 points and 100 points and 100 points and 100 points in the first first first first first-time servers in the game machine; and (c) obtained specific points in the forest association of certain forms, such as the upper and second points on the screen, 10,000 won per day in accordance with the cumulative points after deducting the commission from 10%; and (d) made a sale of approximately 20,400 won per day in the manner of making a speculative act more than 10% per day.

2. Defendant Dogsung (hereinafter “Defendant”).

On February 18, 2011, on condition that the Defendant received KRW 60,000 per day from the above ○○○○○○○ in the game of △△△ Game, the Defendant aided and abetted the said ○○○○○ by monitoring the visitors of the said game room on condition that he would receive KRW 60,000 per day, and by cleaning inside the game room and care for customers.

Summary of Evidence

1. Defendants’ respective legal statements

1 . ■■■ 에 대한 경찰진술조서

1. A real estate lease contract;

1. Statement of seizure of police;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Defendant OO: Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (Appointment of Imprisonment)

Defendant Dogsung: Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc.; Article 32 of the Criminal Act

(Selection of Fines)

1. Legal mitigation (Defendant △△)

Articles 32(2) and 55(1)6 of the Criminal Act (Accessories)

1. Attraction of a workhouse (Defendant △△△);

Articles 70 and 69(2) of the Criminal Act

1. Confiscation (DefendantOO);

Article 48 (1) 1 of the Criminal Act

1. The order of provisional payment (Defendant △△);

Article 334(1) of the Criminal Procedure Act

The reason for sentencing on Defendant ○○

1. A sentencing factors favorable to the defendant;

The Defendant is a first offender with no record of crime. Moreover, the Defendant led to the confession of the content of the crime as the proprietor of the game of this case.

2. A strong suspicion that the defendant is not the so-called "the president of the Republic of Korea"

In light of the Defendant’s career, etc. as a public official of Chungcheongnam-do Office from May 2009, the Defendant reversed the Defendant’s statement on the game room’s terms and conditions of the lease agreement with the game room at the time of conclusion of the lease agreement with the game room. The contents of the reversal are inconsistent with the lessor’s statement. The Defendant, who was in the place of control, was investigated by the police station on the same day, but was in the place of control, was merely the so-called “the so-called “the president of the branch of the branch of the branch of the game,” and argued that he was only the so-called “the head of the branch of the branch of the game room of this case,” who was investigated again, would be liable for all of his actual business and would be liable for all of his actual business. In light of the Defendant’s statement, etc., the Defendant was either “the president of the branch of the game room of this case” or “the employee of the branch of the branch of the branch of the branch of the branch of Do office of this case.

3. Sentencing on "the President of the Republic of Korea" in committing an illegal game room business

The fact that the defendant is the so-called "the president of the second president" is difficult to recognize as a favorable factor in sentencing unless he ceases to play his role in light of the role of the "the president of the second president" in the business of the game room (the actual concealment of business owners, evasion of taxes, etc.).

Illegal speculative game resorts are serious social harm, such as undermining the awareness of sound labor of the people using it, undermining the failure of the family by the ordinary people who are in the game room, undermining the failure of the game room, undermining the game addicts and persons with bad credit standing, undermining various tax evasions, under causing secondary crimes to raise game costs, and undermining the acceptance of violent organizations. However, despite the strong crackdown of investigative agencies and the punishment of judicial agencies, illegal speculative game room businesses are continuing for a long time.

It is also necessary to punish the so-called "the president who is punished on behalf of the actual owner of the business, regardless of whether or not the criminal history is committed," etc. in the following context that considers the seriousness of the above crime and reflects the legal order.

4. Conclusion

The game site of this case was controlled by installing about 5 CCTVs and CCTVs, and operated for more than 2 months in the size of 80 games. The defendant does not disclose his identity about accomplices at all, and other necessary actions, which are conditions for sentencing that can be seen in the records of this case, shall be determined as per the order, taking into account all the necessary actions, which are conditions for sentencing that can be seen in the records of this case.

Records of Judges Lee Jong-soo