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(영문) 서울동부지방법원 2016.03.22 2016고정384
도박장소개설등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 7, 2015, from around 01:30 on December 7, 2015 to 02:30 of the same day, the Defendant, along with B and C, received four first cards from the Defendant’s house located in Gwangjin-gu Seoul Special Metropolitan City, using 52 cards, and carried out distribution by exchanging three cards on three occasions in the order of order. The Defendant, among the last remaining cards, carried out gambling, in a way that a person with a card of different pattern or low number, has received money on a hand, with a total sum of KRW 2.9 million.

2. The Defendant was intending to open a place for gambling for profit at the same time, place as described in paragraph 1, and for the purpose of profit-making, prepared table tables, card 52, chemical 16 pages, chips, etc., and had B and C do the gambling “b” jointly with the Defendant, and received KRW 20,000,000 in total under the name of tobacco value and the cost of providing a place.

Accordingly, the defendant set up a place or space for gambling for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect B or C by the police;

1. Application of Acts and subordinate statutes of the protocol of seizure (section 57 of the investigation record), list of seizure (section 58 of the investigation record);

1. Relevant Article 247 of the Criminal Act concerning the facts constituting the crime (the point of opening gambling and of fine) and the main sentence of Article 246 (1) of the Criminal Act (the point of gambling);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes above the punishment prescribed in the crime of opening gambling with heavier punishment) shall be applicable to concurrent crimes;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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