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(영문) 서울중앙지방법원 2018.01.10 2017고단7711

도박공간개설등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a foreigner of nationality of the Philippines.

1. Around August 11, 2017, the Defendant established a gambling space: (a) opened an account of “D” in the name of the Defendant in the name of the Defendant in the Internet social network service in the Defendant’s residence in Seongdong-gu Seoul, Seongdong-gu; and (b) selected numbers between 1 to 45 times per week by using a “rotototototototototototo” program broadcasted in around 20:40 a week against foreigners, including the Republic of Korea, who reside in the Republic of Korea; (c) received or received a ing sum from KRW 10,000 to 30,000 won per person; and (d) paid a ing sum from 10,000 to 30,000 won in the account of the Defendant’s corporate bank (Account Number E); and (d) then, (e) paid a dividend of KRW 1 to 300,000 won in the total number of 20,000 won by means of a rotototototototototo lottery.

Accordingly, the defendant set up a space for gambling for profit.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limit of his sojourn status and period.

On August 28, 2008, the Defendant entered the Republic of Korea as a visa for artistic entertainment (for : E-6-2), and continued to stay in the Republic of Korea without the status of stay valid from September 5, 2009 to October 26, 2017, even though the period of stay expires on September 4, 2009.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Each internal investigation report (the sequence 4, 11 of evidence list), investigation report (the analysis of the detailed statement of transactions by account);

1. Application of the statutes notifying data on financial transaction status;

1. Article 247 of the Criminal Act applicable to the crime and Article 247 of the choice of punishment (the establishment of gambling space), Article 94 Subparag. 7 of the Immigration Control Act, and Article 17 of the Immigration Control Act.

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