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(영문) 대구지방법원 2013.09.26 2013노690
도박방조
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In full view of the summary of the grounds for appeal D and C’s legal statement and the details of the Defendant’s account transactions, it can be recognized that the Defendant lent money to assist the Defendant, knowing that D is gambling.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion.

2. Determination

A. The summary of the facts charged charged: (a) the Defendant and C are members of the same-sex marriage, the Daegu largest violent organization; (b) D are same-sex seeds; (c) E, C, and D, for profit-making purposes in collusion with each other; and (d) from April 7, 2010 to May 17, 201, the two-story office offices of the Daegu Southern-gu Seoul Metropolitan Government Frogate Building and H lending 301 were collected from gamblings; and (e) he exchanged the card three times with the card up to the time of distribution of 4 cards using 52 sheets, and then exchanged the card three times until he/she had a plaque for mind, and the number of persons whose number is low is different from the last pattern of the card, and (e) a person receives a total of 80,000 won for opening, such as gambling from each gambling, and (g) a place of gambling for which he/she receives 80,000 won for each time from each gambling.

The Defendant knew that D would use it as gambling funds at the above second floor office and H lending 301, and received interest 10% on August 18, 2010, 201, 270,000 won on August 21, 2011, 160,000 won on March 4, 201, 150,000 won on March 15, 201, and 7,330,000 won on March 16, 201, and 7,330,000 won on a total of five occasions, including the one notified by D to the head of a Tong, so that D may gamble gambling.

B. The lower court determined as follows: (a) witness D and C’s partial statement as evidence of the facts charged in the instant case; (b) copy of each police interrogation protocol as to D; (c) police interrogation protocol as to the Defendant; and (d) details of the investigation protocol

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