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(영문) 서울동부지방법원 2019.08.13 2019고단1688

도박공간개설

Text

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

Seized evidence 1, 2, and 3 shall be confiscated.

Defendant 14,919.

Reasons

Punishment of the crime

The defendant is a person who has operated a gambling game room in Gangdong-gu Seoul Metropolitan Government Btel C, and agreed to receive 3% of the hosting amount from D as a commission.

From November 4, 2018 to December 27, 2018, the Defendant: (a) provided one computer and receipt printing machine; and (b) provided a gambling site “E” [1,000 won per five minutes of lottery tickets; (c) one out of five,0-9 of the ordinary games, five, and six numbers of the total numbers of the five general games; (d) provided a number number of customers; (e) provided a total of five numbers; (e) provided a 1,00 won to operate the games; (e) provided a 1,00 to 3,00,000 won; (e) provided a 1,00,000 won to 1,00 to 1,00 won; and (e) provided a 40 times of the total amount of the receipts to 30 times of the games; (e) provided a 1,00,000 won to 1,000 won to 30,000 won; and (e) provided a 940 times of the receipts to 30 times of the games.

Accordingly, the defendant, in collusion with D, opened a gambling space.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes concerning photograph, lease contract, and G data in a documentary evidence;

1. Relevant Articles of the Criminal Act and Articles 247 and 30 of the Criminal Act concerning the crimes;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. Grounds for sentencing under Article 48 (1) 2 and (2) of the Criminal Act;

1. Imprisonment with prison labor for not more than five years;

2. The types of recommendations according to the sentencing criteria.