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(영문) 대구지방법원 2013.06.05 2013고정204
상습도박
Text

Defendants shall be punished by a fine of two million won.

In the event that the Defendants did not pay the above fine, only 50,000 won.

Reasons

Punishment of the crime

E, F, G, H, I, J, K, and L, from around 16:00 on November 8, 2012 to around 18:00 on the same day, after dividing by three 2 boxes, using 51 copies prepared in advance at the house located in the Daegu-gu Seoul-guO from around 16:00 to around 18:00 on November 8, 201, and then taking about about 30 occasions the sum of 18,148,000 won and 18:00 won by taking money at the highest end.

In order to assist in gambling as above, Defendant A received KRW 30,00 per day from Ma, a called "ware", and served as a "catus ma," where Defendant B received 30,000 won per day from the above M, and collected money from the bank, and Defendant B served as a "catus," where the police is viewed in front of the Daegu Bank East-gu branch where it is located in the gambling place, and Defendant C served as a "catus," where he lends money of KRW 1 million in cash to the above K, which is located away from the above gambling place.

In addition, Defendant D, even though he was aware of the fact that he received KRW 50,00 from N at the above time, he lent his house.

As such, the Defendants aided and abetted gambling by facilitating the crime of the above E, etc.

Summary of Evidence

1. Each legal statement of the defendant A and B;

1. An interrogation protocol of M or N by prosecution;

1. Third police suspect interrogation protocol against Defendant C

1. Second and third police suspect interrogation protocol regarding Defendant D;

1. Each police suspect interrogation protocol on I, K, L, F, and P;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on search and seizure of gambling site;

1. Relevant provisions of the Criminal Act and Articles 246 (1) and 32 (1) of the Criminal Act concerning the selection of punishment;

1. Statutory mitigation under Articles 32 (2) and 55 (1) 6 of the Criminal Act;

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

1. Confiscation Defendant C: Article 48(1) of the Criminal Act;

1. Article 334 of the Criminal Procedure Act provides for the provisional payment order.

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