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(영문) 대전지방법원 천안지원 2020.02.12 2019고단3077
도박등
Text

A defendant shall be punished by imprisonment for a period of eight months and a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On June 22, 2019, at around 23:00 on June 22, 2019, the Defendant, using a drum card (hereinafter referred to as “culp card”) indicating the number and marks of the front side by means of a certain indication of the back side of the card, in order for Baduk to sleep money from the victim B while gambling.

On June 22, 2019, from around 23:30 to 0:30 on June 23, 2019, the Defendant, using a wood card 2 set up in Asan-si D, Asan-si, with the victim, E, and by predicting the back of the card while gambling with the victim and the victim’s plaque and the following sequence, by deceiving the victim who thought that he/she gambling is done by using a normal drum card, thereby deceiving approximately KRW 6.50,00.

2. The Defendant appears to have written indictment from around 00:30 on June 23, 2019 to 01:00 on the same day appears to have written indictment “from around 00:30 on June 22, 2019 to 01:00 on the following day”.

After removing a wooden card to conceal the morale of paragraph (1) in the above C Building D's room, the person with the highest number of cards as of the last 10,000 won and 300,000 won each time he received the card, using 52 copies of normal drum cards with B and E, and then exchanged or additionally received the card three times, using 52 copies of the normal drum card, and then gambling "the dial dynas" in the way that the passenger dynas the card was received, and the passenger dynascated with the highest number of cards as of the last dynas.

Summary of Evidence

1. Defendant's legal statement;

1. Statement B in the suspect examination protocol of the accused by the prosecution;

1. Examination protocol of suspect E by the prosecution;

1. Each protocol of seizure and the list of seizure;

1. The application of Acts and subordinate statutes to investigation reports (in response to requests for appraisal);

1. Relevant Article 347 (1) of the Criminal Act and the main sentence of Article 246 (1) of the Criminal Act (a point of gambling) that govern the crime, the choice of punishment (a point of fraud and a choice of imprisonment with prison labor)

1. Aggravation for concurrent crimes;

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