Cases
2017 Highest 3683 Opening of gambling spaces
Defendant
A
Prosecutor
An authorized defense (prosecution) and a new type of trial
Defense Counsel
Attorney B (Korean National Assembly)
Imposition of Judgment
September 26, 2017
Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date when this judgment became final and conclusive. To receive probation from the accused and order community service for 120 hours. 6,00,000 won shall be collected from the accused.
Reasons
Criminal facts
The defendant and C(N), E(F), G, H, I, and J. K recruited members, and offered them to the members the betting amount in games such as ‘L', ‘bridge', ‘bridge', ‘bridge', ‘balking', ‘MGM carra', ‘MGM carra', ‘MGM cara even', ‘MGM carna', ‘MGM carna', and ‘MGM carna', in order to provide the price according to the fixed dividend rate and winning plaque.
C shared the role of 'L, M, and N' in overall management of the Internet gambling site', 'the team leader conducting activities such as employee management and telephone response', 'O', 'P', which are frequently used by the users of the gambling site at night, and 'the above gambling site', 'the deposit account number in the above gambling site is expressed in secret. 1 'the above gambling site' is sent to 'the above gambling site', 'the above gambling site', 'the above gambling site', 'the above gambling site', 'the above gambling site', 'O', 'the above gambling site', 'the above gambling site', 'the above gambling site', 'the above gambling site', 'the above gambling site', 'the above 'O' in the name of 1st, 2016, 'Y11, 15th, 2016.
The refund was provided.
Accordingly, the Defendant, in collusion with C, E, G, H, I, J, and K, opened an illegal Internet gambling site and gambling for profit.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the prosecution against AB;
1. A detailed hosting statement, three copies of entry into and departure from the Republic of Korea, and investigation report (specific report on accounts and gambling used on the illegal sports soil site);
Application of Statutes
1. Article applicable to criminal facts;
Articles 247 and 30 of the Criminal Act, the choice of imprisonment
1. Suspension of execution;
Article 62(1) of the Criminal Act
1. Probation and community service order;
Article 62-2 of the Criminal Act
1. Additional collection:
The Internet gambling site for sentencing of Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment is highly likely to fall into gambling regardless of the general public because anyone can easily access the Internet gambling site, and social harm and injury is very high, such as drinking addiction, drinking property, and destroying home. In addition, the number of transactions on the gambling site of the organization in which the defendant participated is a large amount of money. However, the defendant has made a true statement about accomplices during the investigation process of the instant case. However, the punishment shall be determined by comprehensively taking into account the following factors: (a) the defendant made a true statement about them; (b) there is no criminal record; and (c) there is no criminal record
Judges
Judges Imprehion