A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[2016 Highest 179]

1. On December 12, 2015, from around December 19, 2015 to December 19, 2015, the Defendant in violation of the Game Industry Promotion Act: (a) established two game material, a game not classified by “C party room” in the “C party room” operated by the Defendant; and (b) made customers pay money to the said game machine, the number of points of 500 points per KRW 10,00,000, when the customer puts money into the said game machine, the Defendant paid 50 points per KRW 10,00,000; and (c) made customers receive points equal to the amount of the game that appeared by chance on the screen when the proprietor takes part, and exchanged the points that the customer gains to the customer by calculating the amount of 10,000 won per 500 points when the customer wants to exchange.

As a result, the defendant provided game water for use not classified by the game water management committee, and exchanged tangible results obtained through the use of game water for business purposes.

2. The Defendant violated the Act on Special Cases Concerning Regulation and Punishment of Speculative Acts, Etc.: (a) set up at the date and time and place specified in paragraph (1); (b) set up two posters for the arrest of speculative electronic amusement machines; and (c) made customers exchange points at KRW 10,00 per 50 per 100,000, according to the results of giving money to the said game machine; and (d) paid to customers.

Accordingly, the speculative act was conducted using speculative gaming machines as a business.

[2016 Highest 694]

1. On January 10, 2016, the Defendant violated the Act on Special Cases Concerning Regulation and Punishment of Speculative Acts, Etc. and the Act on Special Cases Concerning the Punishment of Speculative Acts, Etc.: (a) from January 10, 2016 to the 16th day of the same month, the Defendant installed four mobile games, which are speculative gaming machines, within the said billiard; and (b) the customers entering the said billiard, who put money into money in the said game machine, exchanged the points assigned to them into KRW 10,00 per 50 points, and paid them to customers.

2. The Defendant violated the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. on March 28, 2016: (a) the compulsory appearance of a speculative abandoned aircraft from March 28, 2016 to March 30 of the same month.