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(영문) 서울남부지방법원 2012.06.14 2012고정1677
도박등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On November 13, 201, Defendant B, along with C, D, etc. from November 23, 201 to 06:40 on November 13, 201, 201, obtained each 4 card from “F” located on the second floor of Geumcheon-gu Seoul, Geumcheon-gu, by first using 52 card, and obtained 1,000 won or more at least three times thereafter, while taking money from “F” located on the second floor of Geumcheon-gu Seoul, Geumcheon-gu, Seoul; and at the same time, 100 hours in a way that a person who has a small number of card becomes a winner and at the same time took the 1,00 hours in a way that he/she becomes a winner.

2. On December 14, 201, Defendant A, along with G, H, etc. on December 14, 201, 201, stuffed the following: (a) from around 17:00 to around 18:00 on December 14, 201, to around 18:00, a person who first pays 3 points from the aforesaid “F” using TF Chapter 48 and 3; and (b) a person who first pays 3 points to such longer person by adding 1,00 won to KRW 3 points, KRW 2,000, and KRW 1,000 for each additional 2 points.

3. In gambling, Defendant A, at the time, at the place specified in Paragraph 1, opened a gambling for the purpose of profit-making by providing a total of KRW 2,10,00,00 and allowing Defendant A to use the said “F” for gambling at the time, time, place, and place specified in Paragraph 1, and by providing a total of KRW 2,10,00,000 and providing a single, author, three, and 52 card used for gambling.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the examination of suspects of D by the prosecution;

1. A protocol concerning the examination of each police officer against C, I, G, J, and H;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 247 of the Criminal Act and Article 246 (1) of the Criminal Act (the occupation of gambling place, the selection of fines), and Article 246 (1) (the occupation of gambling and the selection of fines): Article 246 (1) of the Criminal Act (the selection of fines);

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. Defendant A: Article 48 (1) of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;

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