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(영문) 대전지방법원 2017.09.19 2017고단2447
사행행위등규제및처벌특례법위반등
Text

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

Seized evidence 1 to 4 each shall be confiscated.

Reasons

Punishment of the crime

1. On November 21, 2016, from around January 3, 2017 to around January 3, 2017, the Defendant, in the “D Gameland” operated by the Defendant on the Daejeon Dong-gu, Daejeon, registered as a juvenile game providing business entity in the name of the Defendant, provided that the Defendant provided a game with contents different from the contents of the rating by modifying the 70 game, which is a “ smart stick” game product, to enable customers to run a game by inserting a 10,000 won cover cover, and by allowing customers to run a “high game.”

As a result, the defendant provided game water different from the rating classification for use, and operated speculative acts using speculative gaming machines as a business.

2. On January 29, 2017, the Defendant: (a) purchased 60 or more smart stick games, which were classified as the class at the place specified in the foregoing paragraph (1); (b) purchased 10 or more smart stick games; and (c) at that place, the Defendant committed an act of promoting speculation by preparing a record keeping certificate according to the points acquired by the games; and (d) neglecting customers to trade the record keeping certificate; and (e) neglecting the customers to trade the record keeping certificate.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Relevant photographs and other on-site photographs;

1. Each protocol of seizure and the list of seizure;

1. Responses with the results of appraisal;

1. With respect to the investigation report (such as the control situation), investigation report (as regards the control situation), investigation report (as to the attachment of photographs verifying the business facts, the application of Acts and subordinate statutes to the investigation report (as to the attachment of on-site photographs);

1. Relevant legal provisions concerning criminal facts, Articles 45 subparag. 4 and 32(1)2 of the Act on the Promotion of the Alternative Game Industry (the use and provision of game products different from those not classified as rating), Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (the occupation of speculative business), Article 44(1)2 of the Game Industry Promotion Act, and subparagraph 3 of Article 28 (the promotion of speculation by offer of securities), and each choice of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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