[1] The elements for establishing a crime of opening gambling as provided in Article 247 of the Criminal Code

[2] The case where the crime of gambling opening on the Internet was recognized

[1] The crime of gambling opening under Article 247 of the Criminal Code is established by opening a gambling place under the control of the gambling place as a resident for the purpose of profit-making. The crime of gambling is separate from the crime of gambling, and the crime of gambling is separate from the crime of gambling, and the crime of gambling is an independent crime of gambling, and the crime of gambling is an independent crime of the participating party, and the crime of gambling refers to the participating party's contesting property and disputing the acquisition and loss of property by a contingency. "for profit-making purpose" refers to the intention to gain an illegal pecuniary profit in return for the opening of gambling place. It does not necessarily require that the purpose of profit-making is recognized even in the case of the profit-making purpose, not directly paid for the opening of gambling place, but also

[2] The case recognizing the crime of gambling opening for the act of paying prize money to the winners after holding a high saw game to publicize the site in the process of fee-charginging the Internet high-saw game site

[1] Article 247 of the Criminal Code / [2] Article 247 of the Criminal Code

Defendant 1 and one other

Defendants

Attorney Yoon Jong-soo

Seoul District Court Decision 2001No5722 delivered on October 16, 2001

All appeals are dismissed.

The crime of opening gambling in Article 247 of the Criminal Code is an independent crime that is established by opening a gambling place under the control of the gambling place as a resident for the purpose of profit. The crime of gambling is separate from the crime of gambling, and the crime of gambling is an independent crime of gambling, and the crime of gambling is an independent crime of the participating parties, and the crime of gambling is an independent crime of the acquisition or loss of the property by the winning party, and the crime of "for profit" refers to the intention of seeking an gain or loss of the property in return for the opening of gambling place. The purpose of profit is not the direct price of the gambling place, but the purpose of profit is recognized in the case of the profit to be indirectly obtained through the opening of gambling place, and the actual profit is not required.

The court below found that the defendants, as non-indicted corporation's founder and representative director, and the team leader of the Internet business, did not own the above company's own 1st saw 1st saw 200 to give publicity of the site in the process of converting the above saw saw saw saw 1st saw saw 20,000, 129 members participated in the competition, 380,000 won for 1st saw saw saw 20,000 won for 1st saw saw saw saw 20,000 won for 1st saw saw 20,000 won for 2nd saw saw saw saw 120,000 won for saw saw saw 2nd 13,00,000 won for saw saw saw 20,000 won for saw saw 20,000 won for saw saw 2nd saw.

In light of the above legal principles and records, the above fact-finding and judgment of the court below are just, and there is no error of law such as misunderstanding of legal principles, violation of the rules of evidence,

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Son Ji-yol (Presiding Justice)