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(영문) 서울중앙지방법원 2019.01.24 2018고단7390

상습도박방조

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On September 13, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for violating the Passport Act at the Incheon District Court, and the said judgment became final and conclusive on the 21st of the same month.

On September 14, 2014, the Defendant, as a staff member of the casino business entity located in Mcaro, recommended C to see the large amount of china gambling in B at the casino, and agreed to allow C and Mcaro authorities to engage in china gambling through the “bb games” method (the method of settling the price multiplied by double the face value of chips at the time of final settlement) which is prohibited by reason of tax evasion, etc. on the 14th day of the same month, and then lent C the chips equivalent to USD 20 million in Hong Kong (Korean KRW 2.8 billion, the face value of chips is KRW 10 million) to C.

C made use of a chip borrowed from the Defendant, “one of the display and bank chips is chosen,” and “the number of the card last chips drawn by a card 2 to 3, and the number of the card last 9 is the same as the number of the card last chips drawn by a nearest side.” The C made it possible for the Defendant to go through a white time.

Accordingly, the Defendant aided and aided the habitual gambling by facilitating C’s habitual gambling activities.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against the accused and C;

1. Each prosecutor's statement concerning E and F;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 246 (2) and (1) and Article 32 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It shall be decided as per the Disposition for the reasons under Article 62 (1) of the Criminal Act, such as the fact that the suspension of execution (in depth, and the fact that the equality is to be taken into account in the case of being sentenced together with the criminal facts before the judgment);