Defendant 1 and four others

Freeboard

Law Firm Jeong-won et al., Counsel for the defendant-appellant

1. Defendant 4 is punished by imprisonment for one year, by imprisonment for eight months, by imprisonment for two months, by imprisonment for six months, by imprisonment for four months, by imprisonment for three months, and by imprisonment for three months, respectively.

2.Provided, That with respect to defendants 2 and 5, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

3. The evidence seized shall be confiscated from Defendant 4, and the evidence Nos. 12 through 15 from Defendant 1 shall be confiscated.

4. Of the facts charged in the instant case against Defendant 5, the charge of violating the Tourism Promotion Act and opening a gambling room in the annexed list Nos. 1, 3, and 4 shall be acquitted.

On October 15, 2008, Defendant 3 was sentenced to a suspended sentence of two years for the purpose of gambling opening at the Seoul Eastern District Court, and the said judgment was finalized on May 28, 2009.

Although those who intend to run a casino business have met the facilities and standards prescribed by the law, such as exclusive business places, and obtained permission from the competent authorities, Defendants 3 and 4 did not receive such permission, and Defendants 3 and 4 conspired to open a “bama casino” casino by sharing the roles such as opening a prefabricated type “bama” table, casino chip, Scoco-mm card, electricity, etc. prepared in advance by moving a place to another place, and opening it, Defendant 1 is responsible for money exchange, Defendant 2 is directly responsible for money exchange, Defendant 5 is responsible for money exchange, Defendant 5 is to look at the network, and Defendant 5 is to open it.

On March 25, 2009, from around 22:00 to 02:30 of the same month, the Defendants collected chips from around 129 to 129, 31, and 312, Defendant 4 and Defendant 3 promised to provide the above hotel straw, but, on the one hand, 107 chips, 100,000 chips, 100,000 chips, 82 chips, and 10,000 chips from around 20:0 to around 27:00 of the same month, Defendant 1 received money from those who engage in gambling and received chips, Defendant 2 shared 10,0000,000 chips with 200,000 chips with 10,000 chips with an average number of 15,000 chips with an average number of 10,000 chips.

1. Each legal statement of the defendant 2 and 4;

1. Each legal statement of the defendant 1 and 5;

1. Legal statement of the witness Nonindicted 7

1. Each prosecutor's interrogation protocol against the Defendants

1. Each prosecutor’s statement on Nonindicted 15, 16, 17, and 18

1. Records and lists of police seizure;

1. Field control photographs;

1. Previous convictions in judgment: Criminal history records, investigation reports (report attached to a written judgment, and report on confirmation of results of judgment);

1. Article applicable to criminal facts;

Each violation of the Tourism Promotion Act: Article 81(1) and Article 5(1) of the Tourism Promotion Act, Article 30 of the Criminal Act

The occupation of each gambling room: Article 247 of the Criminal Code, Article 30 of the Criminal Code

1. Commercial competition;

Defendants: Articles 40 and 50 of the Criminal Act (Offences of each Tourism Promotion Act, Crimes of Gambling and Gambling)

1. Selection of punishment;

Defendants: Imprisonment Decision

1. Handling concurrent crimes;

Defendant 3: The latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

Defendant 2 and Defendant 5: Taking into account the following factors: Article 62(1) of each Criminal Act (the initial crime is Defendant 2; Defendant 5 does not have previous criminal records; Defendant 2 and Defendant 5 do not focus on the degree of each participation; Defendant 2 and Defendant 5 do not have much profits from the crime of this case; and each mistake is divided and reflected.

1. Confiscation;

Defendant 1 and 4: Article 48(1)1 of the Criminal Act

1. Order of provisional payment;

Defendant 4: Article 334(1) of the Criminal Procedure Act

1. Summary of the facts charged

Defendant 5, in collusion with Defendant 1, 2, 3, and 4, did not obtain permission from the competent authorities. At the same time, Defendant 5 operated a casino business on three occasions, such as the No. 1, 3, and 4 of the List of Crimes, and opened gambling for profit.

2. Determination

Defendant 5 only participated in the crimes listed in [Attachment 2, 5, and 6] Nos. 2, 5, and 6 of the List of Crimes, but did not participate in the crimes listed in [Attachment 1, 3, and 4].

The evidence of this case alone is insufficient to recognize that Defendant 5 participated in the crime listed in the annexed Table 1, 3, and 4, and there is no other evidence to acknowledge it.

Therefore, among the facts charged in this case against Defendant 5, there is no proof as to the violation of the Tourism Promotion Act and the opening of gambling set forth in the attached Table 1, 3, and 4 among the facts charged in this case, each of the charges is acquitted pursuant to the latter part of Article 325

【Crime Disturbing Table】

Judges Long-term Crimes