도박공간개설등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eleven months.
In case of seizure of articles 1 to 8, from the defendant.
1. Summary of grounds for appeal;
A. Of the annexed list of crimes in the judgment of the court below in the mistake of facts, the details of deposits in the blank (No. 334, 335, 336, 413, 427, 428, 640, 750, 751, 752, 754, and 755) and the details of deposits in the name of the remitter under the name of the legal entity (No. 137,252, 269, 272, 319, 325, 325, 375, 452, 489, 638, 661, 748, 753, 759, 760, and 761) shall be excluded from the total sum of each charges and charges of the instant gambling site.
B. The sentence imposed by the lower court (one year of imprisonment, confiscation, additional collection 37,210,256 won) is too unreasonable.
2. Determination
A. 1) The summary of the instant facts charged is as follows: (a) the Defendant conspired with E, etc. to operate the “I” gambling site from July 2, 2017 to January 6, 2018; (b) opened a bank account in the name of Ma, a borrowed-name account, with a total of KRW 366,445,135, a total of KRW 366,445,135, as shown in the attached list of crimes in the judgment of the court below, and opened a gambling space for profit-making purposes; and (c) pretended the fact about the acquisition of criminal proceeds, which were punished by the operation of the said gambling site. (b) The court below convicted all of the instant facts charged on the basis of the confession and the details of transactions of the “limited Liability Company M account,” which is the borrowed-name account, in collusion with E, etc.
3. However, considering the following circumstances, considering the evidence duly adopted and examined by the court below and the court below, Article 1-A of the deposit details in the annexed crime list as stated in the judgment below.
The phrase “the details of deposits in the column of the remitter” and “the details of deposits in the name of the remitter” in the name of the legal entity cannot be deemed to have been transferred to the Defendant from the users of the instant gambling site as a gold.
In addition, in addition to the above details claimed by the defense counsel as the deposit details under the name of the corporation, it is 92.