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(영문) 서울남부지방법원 2018.12.07 2017고단3769

도박장소개설

Text

Defendant

A Imprisonment with prison labor for one year, and for four months, for Defendant B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A is the Defendant’s inner name “Hashes (Hashes)”.

The Defendant: (a) provided money in certain amount from “wets,” “wets,” “wets,” “wets,” etc. that lend money to people engaged in gambling,” which sells drinks, etc. to people engaged in gambling, and (b) provided money as security deposit; (c) provided money in one’s house or 300,000 won per day; and (d) provided money to people to gambling in a way of informing people of the date, time, place, etc. of gambling at the dwelling of others temporarily borrowing money, and (e) having them operate gambling by means of informing them of the mobile phone, etc.

피고인은 2016. 12. 19. 경 21:00 경부터 같은 날 24:00 경까지 서울 동작구 C 피고인의 집에서 화투와 모포 등을 준비하여 도박장을 마련하고, 휴대전화를 이용하여 불러 모은 도박 참가자들 로 하여금 도금을 걸고 ‘ 도리 짓고땡’ 도박을 하게 하고 승리한 쪽의 이득금 중 50%를 취득한 것을 비롯하여 별지 범죄 일람표 기재와 같이 그 무렵부터 2017. 1. 21. 경까지 총 11회에 걸쳐 영리 목적으로 도박장을 개설하였다.

2. Defendant B, from around 21:00 to around 24:00 of the same day, from around December 19, 2016 to around 24:00 of the same day, Defendant C’s joint Defendant A’s house in Dongjak-gu Seoul Metropolitan Government, while playing a cryptive role, provided drinks, coffee, etc., to the participants in gambling at the gambling place established at that place, and provided them with drinks, coffee, etc., or received money, etc., thereby facilitating the opening of the above A’s gambling.

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement

1. Each legal statement of witness B, D, and E;

1. Each police statement made to F and G;

1. Protocol of seizure, list of seizure, and photographic materials / [Defendant B]

1. Defendant B’s legal statement

1. A protocol concerning the examination of suspect of each police officer;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographic materials;

1. Relevant provisions of the Act concerning facts constituting an offense;