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(영문) 서울동부지방법원 2013.10.08 2013고단2015
도박개장
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence1 through 6, 41, 42 shall be confiscated from the accused.

Reasons

Punishment of the crime

When the defendant opens and operates a gambling with a person whose name is unknown, and when the defendant is in control by an investigative agency, he conspired to undergo an investigation as if the defendant opened the gambling alone.

The defendant from around 17:00 on July 28, 2013 to the same year.

7. From 19:50 on December 19, 31, Songpa-gu Seoul E Apartment 101 Dong 3203, and from the floor and room of Songpa-gu Seoul E Apartment 101, in order to prevent noise, he/she prepared chip bags, cards, chairs, etc. to gambling, employed gambling participants as a chip "de" with a chip to flacing F, G, H, H, and I plaque, and appointed G and K as a chip "de" with a chip to inform gambling participants as the above place and to see the outside network, and had them use the chip nearest 90 chip "the sum of chip participants" with a chip equal to 5 percent of commission deducted in return for taking cash from them, and had them use the chip distributed in the nearest 90 chip.

As such, the Defendant conspired with a person whose name is unknown, and opened gambling for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the examination of suspect concerning I by the prosecution;

1. Each protocol concerning the examination of the police officer in relation to the J, K, F, G, H, I, L, M, and Z;

1. Application of the police seizure report and the Acts and subordinate statutes to the investigation report;

1. Article 247 of the Criminal Act applicable to the crimes and Articles 247 and 30 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 and 2 of the Criminal Act include: (a) the Defendant, with reasons for sentencing under Article 48(1)2 of the Criminal Act, sought large profits by opening gambling with considerable organizational capacity and considerable amount of gambling; (b) the risk of recidivism, such as hiding the status of accomplices, is high; (c) the Defendant has records of the same kind of fine.

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