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(영문) 부산지방법원 2017.09.20 2017고정1189
도박개장등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant and B had the mind to open the gambling house for profit;

On April 30, 2016, from around 21:00 to May 1, 2015, 2016, the Defendant and B prepared a card at the D cafeteria located in Busan, and called to E, F, G, and H to gather the said gambling place, and let the said E, etc. ambling by using the card, and acquired the total amount of KRW 480,000 per hour by collecting KRW 5,00 per hour at the cost of providing the place.

Accordingly, the defendant, in collusion with B, opened a gambling house for the purpose of profit.

2. Gambling Defendant and B, E, F, G, and H obtained KRW 1,596,00 from 52 trum cards at the time and place set forth in paragraph 1, using 52 copies of each trum card, and possessed 4 copies of each trum card in a manner that they take money without any limit on their respective amount and bring all the winners of the card, and return to the following: (a) one by which all the card was drawn up with 7 copies of each trum and g of each trum, and one by a person who throws a card with one trum as a winner, and (b) one another by acquiring the said money as a winner; and (c) one another by receiving three copies of each trum card, a certain amount of money would be drawn, and (d) the highest person by combining the trum and numbers, making it impossible to know the hambling called “hh” in this way.

Accordingly, the Defendant and B, E, F, G, and H were gambling.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to B, E, G, H, F, and I;

1. A police investigation report (at the time of dispatch to the scene, etc.);

1. Protocols of police seizure and list of seizure;

1. Application of statutes on field photographs;

1. Article 247 of the Criminal Act applicable to the facts constituting an offense, the choice of punishment, and Article 246 (1) of the Criminal Act (the occupation of gambling and the selection of fines)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) of the Criminal Act to be confiscated;

1. The order of provisional payment;

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