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(영문) 의정부지방법원 2019.07.17 2018고단3012 (1)

도박공간개설등

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Defendant shall be punished by imprisonment for not less than three years and six months.

The evidence No. 1839 of the Criminal Prosecutors' Office, which was seized, was first to 2018.

Reasons

However, in light of the details of the BO association account in the name of AB or the statements of BE, etc., it is reasonable to deem that the withdrawn money was not actually attributed to the Defendant due to the reasons asserted by the defense counsel, while it is reasonable to deem that the said KRW 414,837,467 was not actually attributed to the Defendant.

Therefore, the above amount is excluded from collection.

(2), 145,869,173 = 2,569,60 won = 2,560,706,640 won - 414,837,467 won) for sentencing [the scope of recommendations according to the sentencing guidelines of the Supreme Court] The following are three categories: the establishment, etc. of gambling places and game software crime groups; where multiple persons commit a crime systematically and systematically, the establishment of gambling places and spaces (where multiple persons commit a crime by sharing roles, the establishment, etc. of gambling places and spaces) for special aggravation (one to six years, where the lead of or lead the crime of the crime, or play a key role in the planning or implementation of the crime) * The scope of sentence in accordance with the sentencing guidelines for multiple crimes : Imprisonment with labor for not less than one year (the crime of violating the Electronic Financial Transactions Act of this case, which has not been set by sentencing guidelines).

The defendant established a division of business organization and opened a majority of accounts in the name of the old company and carried out the crime of transfer systematically and systematically.

Part of the means of access opened and transferred by the defendant was actually used for the crime of goods fraud.

Even after the Defendant was discovered to the investigation agency, the Defendant instructed accomplices to make a false statement as if the “AF Office chief”, a processed person, was led to the commission of the crime in order to conceal the fact that he was involved in the crime.

After that, the criminal defendant was indicted first, and during the appellate trial, the criminal defendant committed this part.