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(영문) 부산지방법원 2017.09.01 2017노1560
도박공간개설등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1-B of the facts charged No. 1-2 of the facts charged. The profits earned by the Defendant in relation to the claim are much less than KRW 1,344,580,055.

2) The sentence sentenced by the lower court (2 years and four months, confiscation, additional collection 2,051, 872,457 won) is too unreasonable.

B. The punishment sentenced by the lower court (one year and two months of imprisonment, confiscation, additional collection KRW 287,762,131) is too unreasonable.

2. According to the evidence duly adopted and examined by the lower court regarding Defendant A’s assertion of mistake of facts, the lower court, as to Article 1-2(b) of the facts charged, did not calculate the amount calculated on the basis of the amount calculated by deducting the total amount of money deposited from the total amount of money deposited in the borrowed-name account related to the 30 illegal sports soil site operated by R from August 2013 to April 2015, as the Defendant’s assertion, rather than on the basis of the amount calculated by deducting the total amount of money deposited from the total amount of money deposited in the borrowed-name account related to the 30 illegal sports soil site. However, it can be recognized that the difference was calculated on the basis of the amount of money deposited and withdrawn from the above borrowed-name account that the Defendant

Therefore, the judgment of the court below on the defendant's profits in relation to the No. 1-B of the facts charged is just, and there is no error of law by mistake of facts as alleged by the defendant, and the above assertion by the defendant is not accepted.

3. A favorable circumstance is that the Defendants recognized a crime as a substitute for the determination of the Defendants’ unfair argument of sentencing, and there are no criminal records of the same kind.

However, the Defendants’ crime of this case is an organized crime that operates an illegal sports soil site with a large server and operating office in a foreign country where the domestic judicial power does not exist, and it causes serious social harm, such as encouraging excessive gambling to the general public, impairing the awareness of sound labor, thereby causing failure in the economic and family life of the general public. Therefore, the Defendants need to be punished for severe punishment.

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