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(영문) 인천지방법원 2019.01.16 2018고단7827
도박등
Text

A defendant shall be punished by imprisonment for a period of four months and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From May 11, 2018, from around 22:30 on May 11, 2018 to around 00:30 of the following day, the Defendant mambling, as well as B, C, D, E, and F, 4,789,00 won of the sales price at KRW 4,789,000 of the sales price at approximately 40 hours in total and 40 hours in a way of betting each time when he/she receives the first four copies by using 52 cards at the second floor of the commercial building located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, and then received the first four copies.

2. On May 12, 2018, the Defendant: (a) at the H Team office of the Incheon Michuhol-gu Incheon Michuhol-gu Police Station, Incheon, Michuhol-do, 290-ro 32, an investigation into gambling suspicion; and (b) requested a slope I to sign and affix a seal to the statement column of the suspect interrogation protocol; (c) stated the above statement column as “J” in the above statement column; and (d) forged the J’s signature without authority for the purpose of exercising the authority.

3. At around 04:50 on May 12, 2018, the Defendant, at the above H Team office, issued the suspect interrogation protocol stating the forged signature as if the signature was duly formed, and exercised the signature of the forged person.

Summary of Evidence

1. Statement by the defendant in court;

1. An interrogation protocol of the police under J's name;

1. Application of Acts and subordinate statutes on police seizure records;

1. The main sentence of Article 246 (1) of the Criminal Act (the point of gambling), Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62(1) and (2) of the Criminal Act on the suspension of execution (limited to imprisonment);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is arrested and investigated in the act of gambling.

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