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(영문) 부산지방법원 2020.10.08 2020고단2542
사행행위등규제및처벌특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

No one shall provide a game product not classified for distribution or use, display or keep it for such purposes, conduct a business exchanging tangible or intangible results obtained through the use of the game product, and no one shall conduct a business using slot machines or speculative gaming machines, other than a speculative business.

Nevertheless, from October 2019 to November 4, 206:00, the Defendant installed 35 clive machines at the third floor of Mapo-gu Seoul, Mapo-gu, to provide users with 35 clive machines at the 3th floor of the ground, thereby allowing users to play a game by inserting cash in the game machine, and then allowing users to play the game in accordance with the arrangement of the pictures or numbers on the screen of the game machine, and exchange the game points obtained by the users with 10% of the fee and 9,000 won per point after deducting 10% of the fee.

As a result, the defendant provided game products not classified for use, while engaging in speculative activities using speculative gaming machines, and exchanged tangible and intangible results acquired through the use of game products for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the police seizure protocol and the list of seizure lists, investigation reports, investigation reports, investigation reports (private game products provided to the grandchildren), content of maritime rating classification, photographs of seized objects and field photographs, and Acts and subordinate statutes;

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Specific Crimes (the point of a speculative business using speculative instruments), Article 44 (1) 2 of the Game Industry Promotion Act, and Article 32 (1) 1 of the Act on Special Cases concerning the Use of Game Products (the point of providing game products not rated).

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