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(영문) 수원지방법원 2013.11.07 2013고정2427
도박개장방조등
Text

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

1. On April 2012, the Defendant: (a) received a request from a police officer in Busan, or from C to lend funds necessary to open a gambling place; and (b) in order for C to assist the opening of the gambling place for profit-making purposes, the Defendant assisted C’s opening of the gambling place by means of lending KRW 20 million to the said C by dividing the interest and principal amount equivalent to 20% of the principal by 40 times, and by making it repaid in the number of days each time the gambling place is opened; and (c) by facilitating C’s commission of the relevant crime by lending KRW 10 million to the said C.

2. On November 26, 201, from around 00:20 to around 04:00 of the same day, the Defendant habitually gambling with D, E, F, etc., and from around 0:0 to around 04:00 of the same day, the Defendant habitually gambling the 6th floor of “Hmoel” rooftop building located in Busan Dong-gu G by dividing three parts into both sides of the 6th floor, followed the Defendant et al. by having the gambling persons, such as the Defendant et al. take money, and gambling the above gambling in a way that the total number of three parts is larger, as indicated in the attached Table of Crimes (16). In addition, from around that time to June 14, 2012, the Defendant habitually gambling the gambling “gambling” as indicated in the attached Table of Crimes (16).

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol regarding C, each police interrogation protocol regarding D, E, and F;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the frequency of each crime in the judgment and the fact that the same kind of crime has been committed systematically several times;

1. Relevant Article of the Criminal Act, Articles 247 and 32(1) of the Criminal Act (a) of the choice of punishment for the crime, Articles 247 and 32(1) (a) of the Criminal Act, Article 246(2) and (1) of the Criminal Act (abscambling and gambling)

1. Article 32(2) and Article 55(1)6 of the Criminal Act for aiding and abetting and mitigation (the crime of aiding and abetting or aiding and abetting gambling)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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