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

Seized evidence as referred to in subparagraphs 1 through 6 above shall be confiscated from the defendant.

Punishment of the crime

On February 24, 2012, from around 07:30 on the 26th of the same month to around 07:30 of the same month, the Defendant set up 40 game machine in Pyeongtaek-si C2, which was remodeled into “marine open-air” without being classified into a game room, and provided many unspecified customers with cash input in the said game machine and let them obtain high points depending on the class, etc. in which customers make an incidental contribution during the game, and exchanged 4,500 won, excluding 10% of the fee per 5,000 points, according to the scores obtained by customers.

As a result, the defendant, using game products not classified by the Game Rating Board, allowed many unspecified customers to perform speculative acts and exchanged the results obtained through the use of game products.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning suspect examination of D;

1. Investigation record of seizure by the police;

1. Application of Acts and subordinate statutes governing replys as a result of game products;

1. Article 44 (1) 1 of the Act on the Promotion of the Game Industry for Criminal Facts and Article 28 subparagraph 2 of the same Act (including where a person has engaged in speculative acts using game products), Article 44 (1) 2 of the Promotion of the Game Industry Act, and Article 32 (1) 7 of the Act on the Promotion of the Game Industry (the exchange of game outcomes);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 44(2) of the Act on the Promotion of Confiscation Industry, Article 48(1) of the Criminal Act provides that there is no history that the defendant was subject to punishment exceeding the same kind of mistake or fine for the reason of sentencing, and the short business period of the game room in this case is favorable to the defendant, but considering the fact that the crime related to illegal game products is highly harmful to society by encouraging speculation, impairing the people’s sound sense of labor, and impairing the size of the business of the game room in this case, a strict punishment against the defendant is necessary

The age, character and conduct of the defendant;