Violation of law, establishment of gambling space, habitual gambling, Electronic Financial Transactions Act

Violations of the Act on Regulation and Punishment of Criminal Proceeds Concealment

The defendant asserts that the punishment of the court below (one year of imprisonment, 9,505,634 won) is too unreasonable, and the prosecutor asserts that the punishment of the court below is too uneasible and unreasonable.

2. Determination

In full view of each of the crimes of this case, the promotion of a speculative spirit, the harm to the sound sense of labor is serious, the Defendant’s transfer of the place, and operated four or more months, and the size of gambling funds was small, the Defendant pretended to receive the means of access to the crime, and the Defendant’s criminal proceeds are against the Defendant’s mistake, and there is no other criminal power except once a fine is imposed due to assault, and all of the favorable circumstances, such as the Defendant’s family situation, and all of the sentencing conditions in the instant argument, it is not recognized that the lower court’s punishment is too heavy or unreasonable.

3. In accordance with Article 25(1) of the Rules on the Correction of Criminal Procedure, the part of the lower judgment’s application of statutes shall be corrected ex officio as follows:

1. Article 30(2)1, Article 4(1) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts (the fact that a person conducts speculative business without permission; the crime under paragraph (1) of the same Article is added to Article 30 of the Criminal Act); Article 34(3)2, and Article 6(1) of the Lottery Tickets and Lottery Fund Act (the fact that a person sells online lottery tickets without entering into a contract with a lottery business entity; the crime under paragraph (1) of the same Article is added to Article 30 of the Criminal Act); Article 247 of the Criminal Act (the fact that a place for gambling is established; the crime under paragraph (1) of the same Article is added to the Criminal Act); Article 49(4)1, and Article 6(3)1 of the Electronic Financial Transactions Act (the fact that a person takes over a medium of access); Article 246(1)1 of the Criminal Act; Article 30(1)2, the former part of the Act on Regulation and Punishment of Criminal Proceeds from Crimes; Article 10(1)1 of the Criminal Procedure Act; Article 7(1).

4. Conclusion

If so, the appeal filed by the defendant and the prosecutor is without merit, all of them shall be dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Judges Kim Young-gu

Judges Gyeong-hee

2) The court below held that the application of the provisions of this Act to habitual gambling was omitted, and it is obvious that this is due to mistake.

3) However, despite the erroneous application of such laws and regulations and the evaluation of the number of crimes, the lower court’s above error did not have any difference in the scope of punishment, and thus, cannot be deemed to have affected the conclusion of the judgment (see, e.g., Supreme Court Decision 20031762, Apr. 9, 2004). Therefore, the lower judgment is not reversed for this reason.