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(영문) 서울동부지방법원 2016.06.08 2016고단57

도박공간개설등

Text

Defendant

A Imprisonment with prison labor for one year, for ten months, for Defendant C, for one year and two months, and for Defendant D.

Reasons

(b) Reasons for sentencing [the scope of recommending punishment]. The reasons for sentencing (the amount that deducts the refund amount from the input amount shall be deemed as the sales amount, and shall be collected additionally

1. Defendant A

A. Persons subject to special mitigation or aggravated sentencing (4th - 10) in the mitigated area (4th - 10) (including the opening of a gambling place and a space): simple participation (a series of acts in which the defendant provided the name of the defendant and I's account, and recruited members by being assigned a total book, and received a settlement of the profit as a total book while gambling, and directly conducts gambling, can be evaluated as functional control of the common principal offender in the opening of a gambling place for the period in which the defendant participated, but it is reasonable to view that the defendant's act does not necessarily play an essential role in the middle and essential part).

(b) Type 3 (Establishment of Gambling Places and Spaces) including the opening of a place for Qambling, etc.;

(c) Statutory penalty for a violation of the Electronic Financial Transactions Act: Not more than three years: * The scope of final sentence due to the aggravation of multiple offenses: August - January 1;

2. Defendant B

(a) Type 3 (Establishment of gambling places and spaces) including the opening of gambling places ( August - January 1);

(b) Type 3 (Establishment of Gambling Places and Spaces) basic area ( August -1) (including August - June) * The scope of final sentence due to the aggravation of multiple offenses: August 8, - February 2 months;

3. Persons subject to special aggravated sentencing (1 year and June -4) in the aggravated area of Type C (1 year and June -4) of illegal sports gambling, etc. of Defendant C: Where a large number of persons have committed a crime systematically by sharing the roles, and thus the person led to the planning or implementation of the crime or plays a key role therein.

4. Basic area ( August -2) of the No. 3 (U.S. sports discussions) for Defendant D illegal sports gambling, etc. (determination of sentence)

1. As to Defendant A, the Defendant again opened Q Q from November 16, 2015, where the investigation was underway since the police investigation conducted on October 22, 2015 regarding the opening of gambling, and the Defendant.