beta
(영문) 대전지방법원 천안지원 2016.03.10 2015고정1159

도박개장

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a fishing place under the trade name of “E” located in Asan-si.

The Defendant, from May 5, 2015 to the 16th day of the same month, intended to open gambling houses for profit in the above E “E” operated by himself.

The Defendant indicated a penter, etc. with a view to making profits, such as collecting approximately 100,000 won per person’s participation fee and KRW 30,860,000 per person’s participation fee for 10,000,000 from the method of paying approximately 100,000 won of the market price, in accordance with the number of lights indicated in the roof, the Defendant succeeded to 362 persons other than the F and unspecified persons who are customers, and success in fishing to 362 persons other than the F and unspecified persons who are customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of G, F, H, I, J, and K;

1. Investigative reports (Adjustment of the number of persons participating in free fishing and the facts of crime);

1. Application of each video-related statute to each relevant photograph;

1. Article 247 of the Criminal Act applicable to the facts constituting an offense and Article 247 of the Selection of Punishment Act (a comprehensive selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's defense counsel convicted of Article 334 (1) of the Criminal Procedure Act of the Order to Provisional Payment Order does not constitute a gambling with a speculative nature in light of the value of free gifts offered at a fishing place;

The charges are denied by asserting that they are facts charged.

However, while operating a fishing place, the Defendant indicated “TV”, “TV”, “gold 1” or “free 100,000” part of the roof in the fishing place, for which the Defendant received 30,000 won per head of the guest’s participation, and gave 32 persons who participated in the fishing at the time of the fishing, one half of the gold-half of the amount of KRW 450,000,000 in the market price, and 100,000 free admission tickets. Among them, the gift value of KRW 1,50,000, free admission tickets, etc., is worth property value equivalent to KRW 30,000,000.