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(영문) 부산지방법원 2015.12.17 2015고단6381

도박개장등

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1. Defendant A shall be punished by imprisonment with prison labor for one year and a fine of one million won;

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

Defendant

C not only was sentenced to a fine of five million won for habitual gambling in Busan District Court on February 16, 2009 but also was sentenced to a fine of five million won for habitual gambling, but also was sentenced to two times for habitual gambling and three times for gambling.

1. Defendants A, D, F, G’s gambling and Defendant C’s habitual gambling together with each other; Defendant C habitually predicted from 19:50 on December 12, 2014 to 01:13:0 on December 13, 2014, Defendant A’s office of the third floor located in Busan Metropolitan Government, via Trum card 52 on each of the following: (a) betting amounting to KRW 5,000 on a successive basis each of 5,00 each; and (b) up to 7 cards until each additional card is received; and (c) betting amounting to 3,950,000 won each of the betting amount on several occasions by a person who has the highest plaque in accordance with the regulations.

2. Defendant A’s gambling opening place: (a) leased the above office at the above date, at the above place; (b) recruited gambling participants; (c) provided the above C, D, F, and G with a dump card in preparation for the 52 temp cards; (d) received KRW 500,000 from the gambling participants as the cost of gambling participation; and (c) provided the 500,000 won or KRW 10,000 from the gambling participants as the cost of gambling participation; and (d) provided the 3,950,000 won or KRW 3,90,000 in total as the cost of gambling participation.

The Defendant opened gambling as above for profit.

3. Defendant E and Defendant B aided and abetted the above gambling act by viewing the so-called “slicker” in a manner that distributes a card using Trump card 52 in the event that Defendant E, at the above date, and at the above place, said Defendants A, C, D, F, and G engage in gambling as above.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Protocol of seizure and reply to requests for appraisal;

1. Habituality of the judgment (Defendant C): In light of the records of each crime, the content of each principal crime, etc. in the judgment.