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(영문) 춘천지방법원 영월지원 2016.02.16 2015고단519
사행행위등규제및처벌특례법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operates a “C” in Gangwon-gun and five lots (total area: 6,649 square meters, water area: 2,793 square meters: 2,793 square meters) outside Gangwon-gun.

Any person who intends to conduct speculative business shall obtain permission from the Commissioner General of the Local Police Agency after having facilities and speculative instruments prescribed by Ordinance of the Ministry of Information and Communication for each type of business.

Nevertheless, from October 1, 2015 to October 18, 2015, the Defendant, without obtaining related permission, attached a tag stating a gift in the sloping of a part of the water flag located in the said fishing place (hereinafter “rice 10km”), attached a tag stating “rice 20 km,” “laundry”, and carried out a speculative act by having an unspecified number of customers who find the said fishing place receive 10,000 won from admission fees and receive 10,000 won from the unspecified customers who find the said fishing place. The Defendant, without having to obtain related permission, carried on a speculative act by providing the said gift to customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes concerning the arrest report, investigation report (Attachment of photographs), and seizure protocol of the case;

1. Article 30 (2) 1 and Article 4 (1) of the Act on Special Cases concerning Regulation and Punishment of Punishment, such as Relevant Acts and selective speculative acts, etc. concerning facts constituting an offense;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be based on the size and period of the business of the instant fishing place, estimated profits, and the fact that the case is recidivism, etc.

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