beta
(영문) 서울중앙지방법원 2018.04.25 2018고정692

도박

Text

Defendant

A shall be punished by a fine of KRW 500,000, and by a fine of KRW 1,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. The Defendants’ gambling Defendants, along with C and D, engaged in gambling from around 17:00 on December 7, 2017 to around 05:00 on December 8, 2012 to Defendant B’s 3rd floor in Jongno-gu Seoul, Jongno-gu, Seoul, and used 52 card to engage in gambling.

2. The Defendant, at the same time and place as in the preceding paragraph, offered gambling places and cards so that he can gambling as above, and received a payment equivalent to KRW 300,000 as a rental fee for the place.

Accordingly, the defendant set up a place for gambling for profit-making purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the interrogation of the police officers against the Defendants, G, H, and D

1. A report on internal investigation (as to the on-site situation and details of seizure)

1. Application of statutes on records of seizure and lists of seizure;

1. Article 246(1) of the Criminal Act; Article 246(1) of the Criminal Act; Article 247 of the Criminal Act (a place for gambling, etc.); Article 246(1) of the Criminal Act (a place for gambling, etc.); and Article 246(1) of the Criminal Act (a place for gambling, etc.); and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendants alleged that confiscation is unfair because the amount of money used for gambling and the amount acquired by gambling is the total of KRW 90,000 in the case of Defendant A, and KRW 920,000 in the case of Defendant B, and the remaining money was not provided or intended to be provided for gambling. However, according to the evidence revealed earlier, the money confiscated from the Defendants was determined as being used for gambling if it was sufficiently even if it was used for gambling in light of the size of money used for gambling and approximately 12 hours in the case of money directly owned by the Defendants at the site of gambling. Thus, it constitutes “goods intended to be provided for criminal acts” under Article 48(1)1 of the Criminal Act.