Defendant

A and B Each fine of KRW 1.5 million, Defendant C shall be punished by a fine of KRW 2 million, Defendant D and E shall be punished by a fine of KRW 1 million.

Punishment of the crime

1. 피고인 A, 피고인 B, 피고인 D, 피고인 E 피고인들은 함께, 2016. 3. 23. 21:00경부터 같은 날 23:55경까지 서울 중랑구 G 지하 1층에 있는 C의 집에서, 카드 52장을 이용하여 카드 7장을 받고 똑같은 무늬나 숫자가 나올 경우 ‘땡큐’라고 외치고, 상대방을 이길 수 있다고 생각하면 먼저 카드를 내는 사람이 이기는 것으로 1회 당 2등 1천 원, 3등 2천 원, 4등 3천 원을 걸고, 1등에게 6천 원을 지급하는 방법으로 속칭 ‘훌라’라는 도박을 하였다.

2. The Defendant: (a) provided the Trum Card 11 feet (No. 54 per minute) and tables at the same time and place as described in paragraph (1); and (b) opened gambling for profit by acquiring approximately KRW 30,000 won per hour, at the same time and place as described in paragraph (1).

Summary of Evidence

1. The suspect interrogation protocol of some police officers against Defendant A, C, D, and E;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to a report of investigation (investigative records No. 32 pages);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A, B, D, and E: The main sentence of Article 246(1) of the Criminal Act

B. Defendant C: Article 247 of the Criminal Act (Selection of Fine)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A and C: Article 48 (1) 1 of the Criminal Act;

1. Defendants of the provisional payment order: Defendants and defense counsel’s assertion on the assertion of Defendants and defense counsel under Article 334(1) of the Criminal Procedure Act asserted that the instant gambling act is merely the degree of temporary entertainment and thus, it is not unlawful.

However, in light of the evidence of this case, the following circumstances, i.e., the time and place during which the instant gambling was conducted, the gambling tool, etc. kept in the said place, the size of the money sold, the degree of money seized at the time of the instant gambling, the background leading up to the occurrence of the instant gambling, the relationship between the Defendants, and the degree of the Defendants’ importation.