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(영문) 전주지방법원 2013.06.21 2013노251
도박개장등
Text

1. The part of the lower judgment against Defendant A and G is reversed.

2. Defendant A shall be punished by imprisonment with prison labor for four years and Defendant G.

Reasons

1. Summary of grounds for appeal;

A. Defendant A is obvious that the Defendant’s “3,570,584,150 won” in Article 2 of the lower judgment’s order of KRW 3,560,584,150 due to the instant crime is a clerical error in the amount of KRW 3,560,584,150.

The judgment of the court below is erroneous in the misapprehension of legal principles as to the calculation of the amount of additional collection, which affected the conclusion of the judgment, since the defendant's actual profit from the crime of this case was 890,146,036 won.

B. The sentence imposed by the lower court on the Defendants (Defendant A: 4 years of imprisonment; Defendant C: imprisonment with prison labor for 3 years; Defendant D; imprisonment for 8 months of probation; probation; probation for 2 years of probation; community service order for 200 hours; Defendant E: imprisonment with prison labor for 6 months of probation; probation for 2 years of probation; probation for 200 hours of community service order; Defendant A: imprisonment with prison labor for 2 years; Defendant G; Defendant I: imprisonment with prison labor for 8 years; imprisonment for 2 years of probation; probation for 2 years of probation; probation for 200 hours of community service order) is too unreasonable.

2. Determination

A. As to Defendant A’s assertion of misapprehension of the legal doctrine, the Defendant: (a) the amount of KRW 3,560,584,150 listed in the [Attachment 2] List of Crimes (2) as indicated in the judgment of the court below is the profits from the operation of N,O, and T site among the illegal sports gambling sites as indicated in the judgment of the court below; (b) the Defendant did not have acquired the entire amount of the above profits as the actual operator of N,O, and T site; (c) the amount of KRW 25% for the N, and KRW 890,146,036 (=the amount of KRW 296,715,345 of the above profits = KRW 3,560,584,150 x less than KRW 1/3 x less than KRW 1/4,00 for the T site; and (d) the same shall apply hereinafter.

) Since Tsite 593,430,691 (i.e., KRW 3,560,584,150 x 1/3 x 1/2), the amount of additional collection against the Defendant should be limited to the above amount.

Therefore, first of all, we examine whether the defendant acquired the whole proceeds as the operator of N,O and T site.

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