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(영문) 대전지방법원 2013.10.24 2013고단2904
도박등
Text

Defendant

A Imprisonment of six months and fines of 1,00,000 won, Defendant B, C, D, and E shall be punished by a fine of 1,00,000 won, respectively.

Reasons

Punishment of the crime

1. From March 30, 2013 to June 16:50 of the same day, the Defendants’ gambling Defendants, from around 11:30 on March 30, 2013 to around 16:50 of the same day, 3 points first paid from Defendant A’s house located in Daejeon Jung-gu by using 51 scamcams from his house. The Defendants 3 points first paid 6,000 won to the tension by adding 2,00 won to 3 points 6,000 won, and 2,000 won for each additional one.

2. Defendant A’s opening of gambling provides the Defendant’s house as above at a gambling place in light of the date and time set forth in paragraph (1). After installing CCTVs in preparation for the police control, Defendant A’s opening of gambling convenience by offering gambling convenience, such as preparing for 2,492,00 won in cash to gambling participants after the gambling is completed and preparing for chips to exchange chips in cash, and 10% of chips per time from August 19, 201 to March 30, 2013, including taking advantage of 693,000 won in return for the provision of convenience and taking advantage of profits of 693,000 won in total from around August 19, 2011 to around March 13, 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police seizure records;

1. Each investigation report, application of photographic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 246(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013; hereinafter the same) (the occupation of gambling, the choice of fines), Article 247 of the former Criminal Act (the occupation of a gambling place, the choice of imprisonment)

B. Defendant B, C, D, and E: each of the former Criminal Code Article 246(1)(s) of the former Criminal Code

1. Defendant A from among concurrent crimes: the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Confiscation of Defendant A, B, C, and D: Article 48 (1) of the Criminal Act;

1. Defendants of the provisional payment order: Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A) (hereinafter “Defendant A”).

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