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(영문) 서울동부지방법원 2015.01.21 2014고단2963 (1)

도박개장등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B and C conspired to open a place where gambling participants are allowed to gamble gambling by lending the house of Defendant A, which was known to the general public, and by providing them as services such as banks and tobacco, coffee, and drinking water so that participants can gamble gambling at that place and a place where gambling is conducted by receiving profits in return.

B and C around April 24, 2013, the Defendant A’s house located in Songpa-gu Seoul Metropolitan Government D 403 had B, E, and F play the gambling called “bathy” at the same place, provided the bank’s heart name, tobacco, coffee, drinking water, etc. as a service, and, in return, established a place where gambling is performed for profit by taking approximately 3 to 50,000 won per hour against gambling participants under the pretext of training about about 10% per hour against gambling participants, under the pretext of training about 4 hours, 60-1 million won from the money on the pretext of on-site expenses, and under the condition of taking responsibility for raising the chips, a place where gambling is performed for profit-making purposes, such as taking about 50,000 won per hour on the condition of taking responsibility for raising the chips.

The Defendant: (a) opened a place where gambling was conducted by B and C as above; and (b) lent the Defendant’s house to B and C with the knowledge of the fact that gambling was conducted by gambling participants; and (c) lent it to B and C.

In addition, from around that time to April 30, 2013, the Defendant lent a place where gambling is conducted on two occasions, such as No. 1 and No. 2 of the List of Crimes, to assist the opening of gambling.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the witness F in the court;

1. Police suspect interrogation protocol regarding E;

1. Some statements among the police interrogation protocols of each police officer against C, B, and F;

1. Part of the statement made by the police in F; and

1. Application of Acts and subordinate statutes to investigation reports (Presentation of details of passbook transactions);

1. Relevant provisions of the Criminal Act and Articles 247 and 32 (1) of the Criminal Act concerning facts constituting an offense;

1. Article 32(2) and Article 55(1)6 of the Criminal Act that mitigates punishment for aiding and abetting;

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

1. Detention at a workhouse;