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(영문) 대전지방법원 천안지원 2014.03.14 2014고정127
도박개장등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Criminal facts

Defendant

A is a person who has operated a restaurant under the trade name of "D" in the Gangnam-gu Seoul Metropolitan City of Yananan, and Defendant B is the main part.

1. Defendant A and E, F, and G co-principals Defendant A and E, F, and G together, from around 23:00 on August 12, 2013 to around 02:30 on the same 13:0 on August 13, 2013, Defendant A and a person who first 3 points in the said restaurant using a 51 scam in the said restaurant was scam, and the scam 50 scam called “scam” in the manner of paying the scam to the scam more than 3 points, and 200 won at each additional 1 point.

2. From November 201 to August 13, 2013, Defendant A prepared in the above restaurant for profit-making purposes such as paintings, tobacco, food, etc., prepared a gambling place, and allowed others to gamble in E, F, G, etc., and opened a gambling place, such as collecting 100 to 50 won per board under the pretext of the fees for providing a place, etc.

3. Defendant B: (a) even though he/she was aware of the fact that stuffs go through gambling at the above restaurant from November 2012 to August 13, 2013, the Defendant, even though he/she was aware of the fact, assisted and abetted gambling by facilitating the gambling activities of A, etc. by lending gambling money to A, etc. and receiving interest at 10%.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each letter of self-sufficiency in E, F and G;

1. Statement of police seizure;

1. Suppression photographs;

1. Application of statutes on copies of books;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 246(1) and 247 of the Criminal Act (the occupation of gambling place and the selection of fines);

B. Defendant B: Articles 246(1) and 32(1) of the Criminal Act (the occupation of gambling and gambling)

1. Defendant B: Articles 32 (2) and 55 (1) 6 of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Article 48 (1) 2 and (2) of the Criminal Act for collection of corresponding value;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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