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(영문) 의정부지방법원 2013.08.14 2013고단258
도박개장등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of five million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. The Defendants’ joint crimes are married couple, who operate the “E fishing place” in the Gyeonggi-si, Yang-si. A.

Of the facts charged as to the opening of gambling, the part that the Defendants acquired benefits equivalent to KRW 126,350,000 among the facts charged relating to the crime of gambling opening shall not be recognized for the same reason as “reasons for not collecting criminal proceeds” in the application of the following Acts and subordinate statutes. Therefore, this part of the facts charged is written.

On April 26, 2012, the Defendants received approximately 4,260,000 won per person for admission from 142 customers who visited the above fishing place, on the aggregate of 30,000 won per person for admission, and held a fishing time meeting to pay 30,000 won for the above admission tickets to 30,00 won for 20,000 won for 30,000 won for the above admission tickets to 30,00 won for 30,000,000 won for 30,000 won for 30,000,000 won for 4,000,000 won for 4,00

In the case of fishing, customers who participated in the fishing time society had a lot of weighted, they had the right to receive the above admission ticket, which is a property, and had the right to claim the acquisition and loss by an incidental method.

As seen above, the Defendants conspired with each other on April 26, 2012 through 121 occasions from August 25, 2012 to August 25, 2012, and opened gambling for the purpose of profit-making by allowing customers to gamble for gambling.

(b) A person who intends to operate a fishing place in private waters violating the Fishing Management and Fishing Promotion Act shall register with the head of a Si/Gun/Gu having jurisdiction over the relevant waters, as prescribed by Ordinance of the Ministry for Food, Agriculture

Nevertheless, the Defendants conspired to commit a fishing place business from February 29, 2012 to October 29, 2012 without registering it with the competent authority in the same manner as the above paragraph (a).

2. Defendant B’s sole crime

A. On March 2, 2013, the Defendant’s opening place was admitted from the customers who found such places in the “E fishing place” located in G at the time of Yang-si of the game.

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