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(영문) 대전지방법원 2014.04.10 2014고정409
사행행위등규제및처벌특례법위반방조등
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

From March 17, 2013 to 16:00 of the same month, the Defendants, while working for each employee in an illegal game room with no trade name in C2 in the Jung-gu Daejeon-gu, Daejeon-gu from around 17, 2013, installed 18 types of speculative electronic gaming machines, which are not classified by the DD Game Rating Board, and provided them to many unspecified customers, so that customers may put 10,000 won in the game machine, and caused customers to participate in the speculative act, such as automatically obtaining the points and exchanging the remaining points after deducting 10% of the points from the points acquired, with knowledge that the Defendants performed the speculative act, by preparing for crackdowns through CCTV installed outside the game room, exchange them to customers on behalf of the players, and assist them by doing so.

Summary of Evidence

1. Defendants’ respective legal statements

1. Ethical letters;

1. Seizure records;

1. Application of each statute on photographs;

1. The Defendants: Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc.; Articles 44 (1) 1 and 2, 28 subparagraph 2, and 32 (1) 1 of the Game Industry Promotion Act; Article 32 (1) of the Criminal Act; the selection of fines;

1. Defendants subject to statutory mitigation: Articles 32(2) and 55(1)6 of the Criminal Act;

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

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are the primary offenders, and the Defendants confession the instant crime and reflect in depth.

Here, considering all the circumstances such as the defendants' age, character and conduct, environment, and circumstances after the crime, the punishment is determined as ordered.

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