도박공간개설등
The judgment below
The penalty collection portion shall be reversed.
42,930,00 won shall be additionally collected from the defendant.
The remainder of the defendant.
The Defendant was involved in the initial investment and establishment of the illegal gambling site of this case, and the Defendant led by B, thereby operating the illegal gambling site of this case at the Chinese Cheongdo Office and managing the proceeds actually.
The criminal proceeds obtained by the defendant by mistake of facts and misapprehension of legal principles concerning collection are only KRW 200 million.
The 3.150,00 won subject to forfeiture shall be excluded from additional collection.
The punishment sentenced by the court below on unreasonable sentencing (two years and four months of imprisonment, confiscation) is too unreasonable.
Judgment
Comprehensively taking account of the evidence duly examined by the court below as to the assertion of mistake of facts, it can be sufficiently recognized that the defendant conspired with B and C to operate an illegal gambling site, such as the facts constituting the crime in the judgment of the court below, thereby committing the crime of violating the National Sports Promotion Act (such as gambling opening, etc.) and the establishment of gambling space, and that the defendant was in charge of overall control over the operation of the above gambling site
Defendant’s assertion is without merit.
According to the evidence duly examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles as to collection, it can be recognized that the profits excluding the expenses for settlement of accounts (additional money) and each of the expenses (employee's pay, gambling site development expenses, head of Tong, office rent, etc.) are KRW 446,080,000 from the back account after it was transferred to another account (the back account) from the amount of money deposited in the Do money to the Do money and the remaining amount of money deposited in the Do money is transferred to the back account (the back account).
The argument that the defendant's profit is only KRW 200 million is without merit.
On the other hand, 442,930,000 won, excluding this amount, should be collected in addition to 3,150,000 won.
Defendant’s assertion has some reasons.
Since the portion of collection is judged separately prior to the assertion of unfair sentencing (excluding the portion of collection), the sentencing except for the additional collection is made.