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(영문) 울산지방법원 2020.06.19 2020고정36
도박
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

On September 8, 2019, from around 14:00 to 14:40 on the same day, the Defendants saw a person who first pays three points from Ulsan-dong F to Ulsan-dong, Ulsan-gu using 51 Troat 51 on the same day, and the Defendant saw a so-called “stop” in several instances by paying three points to the so-called person three points and one hundred won each time when adding one point to one point.

Summary of Evidence

1. Defendants’ partial statement

1. Each protocol of suspect examination of E, D, G, H, B, and A;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 246 (1) of the Criminal Act and Article 246 (1) of the Criminal Act concerning criminal facts and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act:

1. As to confiscation (the defendants) Article 48 (1) 1 of the Criminal Act: Provided, That this shall not apply to Chapter 21 (Evidence No. 2) which has been seized.

Confiscation under the Criminal Act is an article provided or intended to be provided for a criminal act, an article produced by or acquired in consequence of a criminal act, or an article acquired in consideration thereof, which does not belong to a person other than the criminal, or an article acquired by a person other than the criminal knowing the fact after the crime is committed (Article 48(1) of the Criminal Act). Since confiscation under Article 48(1)1 of the Criminal Act is voluntary, it is difficult to determine whether to confiscate an article that meets the requirements for confiscation even if it falls under the requirements for confiscation

(see, e.g., Supreme Court Decision 2000Do515, Sept. 4, 2002). Chapter 21 (No. 21) that was seized refers to the money that Defendant C was seized at the gambling site of this case.

The following facts admitted by each evidence of the instant case and the equality with other Defendants do not constitute forfeiture of Chapter 21 (No. 2).

Defendant

C The said money was kept separately as a down payment to the travel agency.

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