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(영문) 광주지방법원 2014.04.04 2014고단470
사행행위등규제및처벌특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

1. Any person who intends to run sports facility business violating the Installation and Utilization of Sports Facilities Act shall report thereon to the competent authority;

From Aug. 2013 to Dec. 16:40, 2013, the Defendant, without filing a report, installed ten party rooms, which are sports facilities, in the name of “C” on the fourth floor of the mine area in Gwangju, Gwangju, and the fourth floor of the building, and operated ten party rooms, which are sports facilities.

2. No person who violates the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. shall engage in the speculative act as a business by using slot machines or speculative gaming machines, in addition to the speculative business;

From December 5, 2013 to December 16:40, 2013, the Defendant installed three game equipment for the “soft” type, which is a speculative machine, in the instant billiard room, to many unspecified customers who find the said billiard room, and had them put in KRW 1,000 or KRW 10,000 for the said game machine, and had them do the speculative act using a speculative machine, such as exchanging KRW 1,00 per 50 points for the points remaining at the time of the completion of the game, and converting the points into the said game machine into KRW 1,00 or KRW 10,000, and allowing them to engage in the speculative act using a speculative machine.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, E, F, and G;

1. Records of seizure and the list of seizure;

1. Responses with the results of appraisal;

1. Application of Acts and subordinate statutes on control field photographs;

1. Articles 30 (1) 1 and 30 (2) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. concerning criminal facts, Articles 38 (2) 1 and 20 of the Installation and Utilization of Sports Facilities Act, and Articles 38 (2) 1 and 20 of the Act on the Establishment and Utilization of Sports Facilities, and the choice of imprisonment (Considering that the criminal defendant has several identical criminal records

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

1. Article 62 (1) of the Criminal Act (including the fact that the defendant makes a confession and repents);

1. Confiscation for reasons under Article 48(1)1 and 2 of the Criminal Act;

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