Defendant

A and B shall be punished by a fine of 500,000 won.

Defendant

A or B fails to pay each of the above fines.

Punishment of the crime

On October 3, 2014, from around 18:30 to around 19:45 on the same day, the Defendants saw that: (a) from around 18:30 on October 3, 2014 to from around 19:45 on the same day, those who first pay three points by using Chapter 51; (b) those who first pay three points by adding three points to three points; (c) KRW 1,500, and KRW 500 each time when adding one point, the Defendants saw up 40 times as “Stop” and called “Stop”.

Summary of Evidence

1. Defendants’ respective legal statements

1. The Defendants’ written statements in each police interrogation protocol

1. A report on investigation (on-site photographing);

1. Records of seizure, respective lists of seizure, and respective certificates of seizure;

1. Application of the Acts and subordinate statutes on gambling, field photographs, the printing money confiscated at the site, and the paintings and photographs;

1. Defendants of relevant legal provisions concerning criminal facts: The main sentence of Article 246 (1) of the Criminal Act

1. Sentence C: Fine of 500,000 won to be suspended;

1. Defendant A and B of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act; Articles 70(1) and 69(2)(1) of the Criminal Act (100,000 won a day);

1. Defendant C of suspended sentence: Article 59(1) of the Criminal Act (hereinafter referred to as the following circumstances considered favorable to the reasons for sentencing);

1. Defendants: Article 48(1) of the Criminal Act

1. Defendant A and B of the provisional payment order: Determination on the Defendants and defense counsel (Defendant B) of Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the instant gambling act is merely a temporary entertainment and does not constitute a crime.

2. The degree of temporary entertainment, which is the limit of illegality in the crime of gambling, should be determined by taking into account the following factors: (a) the amount of the property, the method of gambling, and the kind of gambling relationship among the persons who participated in gambling, on the gambling time and place gambling; (b) the amount of the property, and the frequency gambling.

The following circumstances, which are acknowledged by the evidence of the judgment, namely, ① Defendant A and B agreed with each other before the instant case, but Defendant C first met Defendant A and B at the instant office on the day of the instant case, and ② the instant case.