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(영문) 대전지방법원 천안지원 2018.02.06 2018고단34
사행행위등규제및처벌특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. No one who violates the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. shall engage in speculative acts as a business using slot or speculative gaming machines, other than those provided for in the Act;

The Defendant, in collusion with C, D, E, F, etc. from March 5, 2013 to October 10 of the same month, operated a speculative act by installing 40 game products of “sea-to-sea-to-sea-to-sea-to-sea-to-face game,” which was not classified by a meeting of the game water rating members from the south-gu G2 of the Nam-gu, Chungcheongnam-gu, Seoul, and providing 40 game products to the unspecified number of customers suffering from the game, and exchanging points obtained as a result of the game.

2. A person who violates the Game Industry Promotion Act shall not provide game water for distribution or use, or display or store for that purpose, which was not rated by a game water rating committee member’s meeting. However, on March 15, 2013, the Defendant installed 60 game machine for the “marine camping” game machine and displayed and stored in order to provide it for business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against C, F, D, E, or I;

1. Statement made by the police to J;

1. Each written statement of customers;

1. A real estate lease agreement;

1. Account transactions;

1. Each police seizure protocol and each list of seizure;

1. Each photograph;

1. Application of Acts and subordinate statutes to report criminal investigations;

1. Relevant Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Article 30(1)1 of the Criminal Act, Article 30 of the Criminal Act (a place of speculative business using speculative instruments), Article 44(1)2, Article 32(1)1, and Article 21(1) (a) of the Game Industry Promotion Act (a place of display or storage of game products not classified as rating) concerning criminal facts, and choice of imprisonment with labor;

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

1. Article 62(1)1 of the Criminal Act of the suspended execution

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