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(영문) 서울동부지방법원 2017.02.07 2017고정11

도박

Text

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

1. The summary of the facts charged is Defendant A and E, F, G, H, and I are the employees of the J amusement shop, and Defendant B is the representative of the said establishment.

A. Defendant A and E, F, G, H’s gambling Defendant A and E, F, G, and H from June 25, 2016 to June 05:45, from around 05:10 to around 05:45, G, and H have divided the 7 pages of each of their card into the 1studio in Gangdong-gu Seoul Metropolitan Government, using the 52 card, and set the 500 won, 3, 1,000 won, 1,500 won, 4, 2,00 won, and 2,00 won, and 2,00 won, each of which was paid to the passengers, and hereinafter “Mahhhhhhhhhhhhhhhhhhhhhhhh” was called hereinafter referred to as “hhhhhhhhhhhhhhhhhhhh”, each of which was called approximately 20 times.

B. Defendant B’s violation of the Act on the Regulation of Customs Business, etc., should be prohibited from gambling in the business place as the representative of the J branch. However, as seen in the above A, employees engaged in gambling.

2. Although Defendant A’s assertion that the Defendants had stuffed as above, it does not constitute a crime of temporary entertainment, it does not constitute a crime of violation of the Act on the Regulation of Customs and Business, and the illegality of Defendant B’s violation of the Act is not recognized.

3. Determination

A. In relation to the crime of gambling, the illegality, such as whether the degree of temporary entertainment is limited to the degree of gambling, should be determined specifically by referring to all the circumstances, such as the time and place of gambling, the social status and property level of gambling, the nature of property, and other circumstances leading to gambling.

Recognizing each evidence submitted by the prosecutor, Defendant A and E, F, G, and H are employees of the same staff who work as the staff of the J amusement shop. At the same time, the new wall 5:00 p.m. ends and the business place is closed and the group of the customer or the opening team has not yet opened the door and waits for it, and the card was opened for the purpose of preparing a string and a stringing meal expense in the course of waiting for it. 2, etc. according to the order of one board, 50 won, and 3 others, etc. are 1.