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(영문) 대전지방법원 2021.01.21 2020노3185
도박공간개설
Text

All appeals filed by the Defendants and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s misapprehension of the facts as to Defendant A(1) and misapprehension of the legal doctrine as to the additional collection amounting to KRW 98,877,00 (Evidence 18 through 21) and KRW 15,649,957 as indicated in the [Attachment 1] of the lower judgment, which was preserved for forfeiture by 137 early 2020, as the lower court’s joint Defendant B’s confiscation of the claim amounting to KRW 114,526,957 (= KRW 98,87,000) and KRW 15,649,957,957, supra, should be deducted from the Defendant’s additional collection charge amounting to KRW 220,60,00.

(2) The sentence sentenced by the lower court to the Defendant (one year and eight months, etc.) is too unreasonable.

B. Defendant D: The punishment sentenced by the lower court against the Defendant (two years of suspended sentence in April) is too unreasonable.

(c)

Prosecutor (Defendant A): Sentencing unfair sentence is unfair because the sentence imposed by the court below against Defendant A is too unhued.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine, the lower court deemed that KRW 220,601,000, which was deposited in the S (Z) account in the name of Defendant B, from October 20, 2019 to January 5, 2020, was criminal proceeds acquired by the Defendant through the establishment of the instant gambling space, and ordered the Defendant to additionally collect the said money against the Defendant.

However, at around 13:40 on January 6, 2020, the amount remaining in the P Bank Account (AO) in the name of the company with limited liability, which was seized from the above B, was withdrawn and seized in cash after being transferred to the AM Bank Account (OO) in the name of the investigator under the above B’s name through the S Bank Account (AI) and then withdrawn from the court below’s attached document which was preserved for forfeiture by the Daejeon District Court at early 137, 2020, the claim in the court below’s attached document which was preserved for forfeiture by the Daejeon District Court at KRW 98,877,000 from the P Bank Account (T) in the name of the above limited companyO and was withdrawn from the above KRW 98,87,000 from the P Bank Account (T) to January 9, 202, the court below held that the above amount deposited in the above account should be equivalent to the 15,649,97 won refunded from the date of the above investigation record.

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