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(영문) 수원지방법원 2018.12.14 2018노4920
도박공간개설방조등
Text

All appeals filed against Defendants B, C, and D by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and C1 misunderstanding the fact (as to aiding and abetting the opening of gambling space), the above Defendants did not have been involved in the operation of the gambling site, and the head of the passbook that has been transferred automatically was expected to be used in relation to the operation of the gambling site, not to do so. The mere fact is that the above Defendants aiding and abetting the establishment of a specific gambling space.

shall not be deemed to exist.

2) The lower court’s sentence against the above Defendants (Defendant A: 1 year of imprisonment, and Defendant C’s imprisonment with prison labor for 10 months) is too unreasonable.

B. The lower court’s punishment against Defendants B, D, B, and D (ten months of imprisonment) is too unreasonable.

(c)

The Prosecutor [Defendant B, C, and D]’s sentence against the above Defendants (one hundred months of imprisonment) is too unhued and unreasonable.

2. Determination as to Defendant A and C’s assertion of mistake of facts

A. The summary of this part of the facts charged [the point of aiding and abetting the establishment of gambling space] The above Defendants, P, Q, G, and Defendant B, as indicated in the judgment of the court below, established a temporary term ‘Y corporation’ to operate an illegal Internet gambling site and to assist them in establishing gambling space, and conspired to open a passbook in the name of the juristic person and transfer it for use at the above gambling site.

Accordingly, G from January 2, 2016 to July 2017, 2017, e.g., physical cards connected to the U bank account (Account Number: V) in the name of the company limited to the Bupyeong-gu, Incheon, and the USB, etc. with which the certificate of accreditation is stored, which are linked to the e.g., physical cards, OTP, and USB, etc. in the attached Table 1 to 18 of the transfer account list 1 to 18 of the original judgment, and the defendant Eul from January 2017 to April 2018 to the X bank account (Account Number:Y) in the name of the limited company, and the e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the PO card.

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