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(영문) 서울동부지방법원 2012.09.05 2012고단1656
도박개장
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant conspiredd with D and E, from June 2008 to March 2009, opened the Seocho-gu Seoul Fnam Agency, the first underground floor of the building, the 12th floor of Gangnam-gu Seoul Gtel, and the 9th floor of Htel, thereby allowing participants to gambling as follows:

In other words, Defendant DE, at the above place, provided a chip card for table gambling and recruited several participants, including I, and had participants walk a chip at one of “banker”, “flaser” and “flaser” and distributed two or three cards to “banker” and “flaser” in sequence, and made the number of card chips to bring about a chip to “9” in which the sum of the number of card numbers is close to “9”.

In addition, the participants would bring 5% of the profits from the chips in the gambling process to the "banker" with money, and the participants would deduct certain amounts of fees when they exchange the remaining chips for gambling.

Therefore, the defendant, in collusion with D and E, opened gambling in a size of KRW 100 million for profit-making purposes.

Summary of Evidence

1. Defendant’s legal statement

1. Each interrogation protocol of the prosecution against I, J and K;

1. Application of Acts and subordinate statutes on prosecutor's statement concerning L;

1. Relevant Articles of the Criminal Act concerning facts constituting an offense: Articles 247 and 30 of the Criminal Act;

1. Aggravation of concurrent crimes: The Defendant and the defense counsel in the determination of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; the Defendant and the defense counsel asserted that the Defendant’s role in the instant gambling place is not a joint operator level, but an employee, and the principal responsibility for the instant crime is limited to D, and that the Defendant, whose degree of participation is minor, should be sentenced to a severe punishment.

However, I and I who have access to the most frequently in the instant gambling place and lost the greatest amount of money.

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