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(영문) 대구지방법원 서부지원 2018.10.31 2018고단1030
도박개장
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of four million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a person who operates an indoor fishing place in the trade name of “C”, and Defendant B is an employee of the above “C”.

1. On June 14, 2017, from around 16:30 to around 18:30, Defendant A received 40,000 won for participation from many unspecified customers visiting the above fishing place in the Gyeong-gun-gun-gun-gun, and let them fish to the said place for two hours, and then let them fish to the said place for two hours, after having them fish to the said place, the order of priority is determined according to the size of the water to the customers, and one million won in cash to the two persons, one hundred thousand won in cash, three others, and five hundred thousand won in cash to four others, and five hundred thousand won in cash, thereby making customers enjoy property benefits if they enter a large fishing by an incidental method. The Defendant, a fishing place proprietor, who is a fishing place, acquired the remainder money remaining after paying for participation as above.

As a result, the Defendant opened gambling for profit-making purposes, including opening gamblings, and opened gamblings for profit-making purposes at least eight times as shown in the list of offenses in the attached Form.

2. The Defendant: (a) during the period from June 14, 2017 to December 3 of the same year, the Defendant, despite being aware that the said A had opened gambling as described in the preceding paragraph, aided and abetted the opening of the said A’s gambling over eight occasions as indicated in the list of crimes, by measuring the size of the fishing gear, or by doing so with the remaining diameter of the customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made in relation to E, F, and G;

1. Report on investigation (a photograph of the photographs taken at the time of search and seizure inspection), report on investigation (the search process and accompanying pictures of seized articles);

1. Application of the Acts and subordinate statutes to a criminal investigation report (the text on analysis of digital evidence on suspect mobile phones and attachment of Kax data);

1. Defendant A of the pertinent legal provision regarding criminal facts: Article 247 of the Criminal Act; Defendant B of the choice of imprisonment: Articles 247 and 32 of the Criminal Act.

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