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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2016. 12. 9. 경부터 2017. 2. 21. 19:20 경까지 전주시 완산구 C, 2 층에 있는 피고인이 운영하는 ‘D’ 음식점에서 블랙 잭 등 카지노 테이블 5개를 설치하여 불특정 다수의 손님들에게 주류 구입 비용에 비례하는 카지노 칩을 제공하고 그 칩을 이용하여 블랙 잭 등을 할 수 있게 하였으며 그로 인해 � 득한 칩으로 포인트를 적립하여 포인트에 따라 주류를 제공하는 등 도박을 하게 하였다.
As a result, the Defendant opened gambling for profit.
Summary of Evidence
1. Partial statement of the defendant;
1. Request for criminal prosecution and notification of control (D);
1. Reporting on the crackdown of businesses violating the Food Sanitation Act (Matters to be observed by business operators);
1. A report on internal investigation:
1. Application of each statute on photographs;
1. Article 247 of the Criminal Act applicable to the crime and Article 247 of the Selection of Punishment Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The game run by the Defendant and his defense counsel is limited to the degree of temporary recreation in the “D” operated by the Defendant, and since the Defendant did not take profits from the waterway, it does not establish a gambling place for profit-making purposes.
2. The crime of gambling under Article 247 of the Criminal Act, which is established by the opening of a gambling place by himself/herself as a resident for the purpose of making a profit. The crime of gambling is separate from the crime of gambling, and the crime of gambling is separate from the crime of gambling. The term "gambling" refers to a party who participated in the case where he/she takes property and contests the acquisition and loss of property through a contingency, and the term "for profit" refers to the intention of gaining an illegal pecuniary benefit in return for the opening of gambling. The purpose of the crime of gambling is to make profits even in the case of the benefit that is indirectly obtained through the opening of gambling, not the direct consideration for the opening of gambling.