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(영문) 서울중앙지방법원 2012.11.09 2012고단4209

도박개장

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 20:00 to 21:51 on July 19, 2012, the Defendant: (a) employed two part-time students in charge of money exchange or cleaning in Gangnam-gu Seoul Ftel 1404; (b) exchanged chips for games to G, H, I, J, K, L, M, etc.; (c) exchanged two separate cards for each of the above participants in the games; (d) thereafter, if three separate cards are opened and one separate card is opened on the table, and (e) if one of the joint card is placed on the table and another one and another one is opened on the table, the Defendant used the last betting, and (e) installed one customer who is entitled to engage in casino games, and (e) exchanged with five percent of the final betting, the Defendant used the first one and the remainder of the card and the one who is entitled to receive the first five percent of the final betting by using the card and the one who is entitled to receive the first five percent of the total open chips.

As a result, the Defendant opened gambling for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol on G, H, J, K, L, M, or N;

1. Each protocol of seizure and the list of seizure;

1. Application of investigation reports (Attachment to a short-term real estate rental contract), field photographs, books, and contact information under statutes;

1. Article 247 of the Criminal Act applicable to the crimes and Article 247 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Suspension of Execution of Sentence or more);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;