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(영문) 창원지방법원 2020.05.08 2019노2322
국민체육진흥법위반(도박개장등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and nine months.

Nos. 1 through 7 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The defendant's defense counsel's error of facts and misapprehension of legal principles shall be determined within the scope of supplement in case of the contents asserted in the defense counsel's written opinion on March 25, 2020, which were submitted after the deadline for submitting the appellate brief.

The defendant's defense counsel's written opinion of March 25, 2020 contains not only the amount deposited by members, but also the money withdrawn from the one-person book to pay fees to the other-person book or the whole market. Thus, the judgment of the court below on the premise that the whole amount of the deposit accumulated is the amount deposited by members is erroneous in misunderstanding of facts." Although the defendant added the assertion, it cannot be a legitimate ground for appeal as it was raised after the expiration of the period for submitting the statement of grounds for appeal, and even ex officio, it is justified in the court below's fact-finding and judgment on the amount of the gambling fund deposited by members to the account of the gambling fund deposit account. Thus, the above argument is without merit.

At the investigation stage, the first 101 accounts, including 14 accounts, including (N) M Bank accounts in the name of L, were suspected to have been used for committing a crime related to B site. However, it was confirmed that only the said 14 accounts were used for the deposit and withdrawal of gambling funds relating to B site through specification of transactions and account IP, etc. (No. 101, 292 of investigation records). The Defendant confirmed the details of the said 14 accounts at an investigative agency and deposited the said 14 accounts in the said 14 accounts (19,328,258,442 of investigation records) with respect to B site, and the amount deposited by members in the said 14 accounts (19,328,258,442 of investigation records) was the amount deposited as gambling funds, and the amount deposited in the said 2 accounts (1,031,493,416 won) was the amount deposited in the said two accounts (1,031,49).

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