A defendant shall be punished by imprisonment with prison labor for not less than six months and by a fine not exceeding five million won.

When the defendant does not pay the above fine.

Punishment of the crime

1. On January 26, 2018, from around 22:00 to around 04:30 of the following day, the Defendant, along with D, E, and F, has divided the cards into seven by using head of Dong-dong building B 402, and head of Trum card 52, in Goyang-gu, Ilyang-gu, Ilyang-gu, U.S., one with whom the sum of the number of the cards is smaller than the winner at the time when the card was set out in accordance with the prescribed rules, or when the game was completed, he/she repeated the gambling, namely, “hulule” in which the remaining winners are to be paid to the winner at around 80 times.

Accordingly, the Defendant d, E, and F gambling together with D, E, and F.

2. The Defendant opened a place where gambling is conducted for profit by providing a drum card, drinking water, tobacco, tabler, and officetel room so that d, etc. can gamble as stated in paragraph 1, at the time, at the place specified in paragraph 1, in return for the payment of the amount from the foregoing D, etc., and by providing d, etc. with a drum card, beverage water, tobacco, tabler, and officetel room so that d, etc. can gamble.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Each protocol of suspect examination of the police against E or F;

1. An investigation report (a copy of the lease contract submitted by a suspect A);

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and evidence;

1. Article 247 of the Criminal Act applicable to the crime and Article 247 of the Criminal Act (the opening of gambling and the selection of imprisonment), and Article 246 (1) of the Criminal Act (the occupation of gambling);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act concerning the punishment of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. The act of opening a gambling-related crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, especially for the crime of gambling, requires a strict punishment in itself, with a strong social harm.

Moreover, the defendant has been punished four times for the same crime.