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(영문) 수원지방법원 평택지원 2015.07.01 2015고정339
사행행위등규제및처벌특례법위반방조등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 13, 2010, from around November 13, 2010 to November 17, 2010, the Defendant: (a) installed 40 game machine in Pyeongtaek-si; and (b) installed 10 to 1500,000 won in the screen the pictures such as would be changed to discharge free gifts according to E’s examples and chain functions; and (c) granted points to each of the following games: (a) paid points to 10 to 150,000 won in the screen; (b) exchanged these points into 5,000 won to enable customers to engage in speculative activities; and (c) made customers engage in money exchange for free gifts acquired through the use of game products; and (d) aided and abetted customers to engage in such speculative activities by facilitating the use of the games.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. The suspect interrogation protocol of the police as to B;

1. Investigation record of seizure by the police;

1. Game description;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigative reports (report on telephone conversations by a witness, such as verification of facts prior to exchange);

1. Article 44 (1) 1 and Article 28 subparagraph 2 of the Act on the Promotion of the Game Industry of Criminal Facts; Article 32 (1) of the Criminal Act (the act of aiding and abetting the speculative act by using game products); Article 45 subparagraph 4 and Article 32 (1) 2 of the Act on the Promotion of the Game Industry; Article 32 (1) of the Criminal Act (the act of aiding and abetting the use and provision of game products different from the game products rated); Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of the Game Industry; Article 32 (1) of the Criminal Act; Article 30 (1) 1 of the Act on Regulation and Punishment of Speculative Acts, etc.; Article 32 (1) of the Criminal Act (the act of aiding and abetting the speculative act by using a speculative instrument);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Articles 32(2) and 55 of the Criminal Act for aiding and abetting mitigation.

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