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Reasons
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(영문) 서울동부지방법원 2012.11.08 2012고단1899 (1)
도박개장
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, together with Co-Defendant B, C, D, E, F, G, H, I, and J, from July 22, 2012 to July 23, 2012, from July 23, 2012, to July 23, 2012, the Defendant chip from around 00 to July 23, 201: (a) chip to “bank” or “prop” with a chip to KRW 30,00 to KRW 300,000 by means of a trum card; and (b) if the sum of card numbers is equal to KRW 2 to 9,00,000; and (c) then, (d) the Defendant was boomed as “Ba” by means of receiving dividends according to a certain dividend rate.

Summary of Evidence

1. Each legal statement of the Defendant and Co-Defendant 1 and LMNB CDF

1. Each protocol of examination of prosecution against Co-defendant LMNO;

1. Each protocol on the investigation of suspect with respect to the Defendant and Co-Defendant and B CDF and the police officer against P, Q, R, G, T, J, U, V, X, Y, Z, AA, I, AB, AC, AE, AE, H, F,J, and G;

1. Each written statement of the Defendant and Co-Defendant 2 through G, H, I, X, AB, S, J, AE, R, T, P, AC, V, Z, Q, AA, U,D, and W

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to field photographs, bakacos, detailed statement of transactions of passbooks, investigation reports (CCTV verification), investigation reports (lease agreements, copies of bankbooks), investigation reports (suspects' statement hearing); and investigation reports (suspects' statement hearing);

1. Article 246 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As for the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the instant crime, the act of speculation, as well as undermining the citizens’ desire to work in good faith, is likely to cause home and social problems, and ultimately hinder the development of the national economy, due to the fact that the people’s income is being expended, and that the act like the instant crime is strictly regulated.

The defendant repeats the crime of this case even though he had the same criminal records, but the defendant repents his wrong and commits other crimes.

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