도박
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On February 13, 2013, the Defendant, along with C, D, and E on February 21, 2013, from around 21:30 to around 0:40 of the following day, 3 points first of all, using Chapter C’s house located in the Hongcheon-gun F of Gangwon-gun, by using Chapter 51, and 3 points first of all, 30 points to the longer, 300 points to the longer, and 100 won each time when adding one point to the latter.
2. The Defendant asserted that the monthly income amounted to KRW 5 million, and KRW 30,000,00, and KRW 2-30,000,000 and KRW 2-30,00,00 in a place where C’s house is located, and that it was merely a temporary entertainment and did not constitute a crime.
3. Determination
A. The limit of illegality in the crime of gambling should be specifically determined by referring to all circumstances, such as the time and place of gambling, the social status and property level of gambling persons, the nature of property, and circumstances leading to gambling.
(see, e.g., Supreme Court Decision 2008Do5018, Aug. 21, 2008). B.
The following circumstances acknowledged by the evidence duly adopted and examined by the court and the data submitted by the defendant, namely, ① the hours of gambling by the defendant is not deep from 21:30 to 0:40 on the following day, but relatively short time. The defendant's house of the place is not confidential. ② The defendant has a certain occupation, such as operating a human resources company with the trade name of "G", and the defendant has earned approximately KRW 500,000 per month, and ③ all other people except the defendant are the main agents of the company of Korea, and ③ all other people are the directors of the company of Korea as the main agents, and ④ The defendant's "Stop" of this case was set considerably as the number of persons participating in the gambling. The sum of the money provided to the gambling of this case is about KRW 29,00,000.