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(영문) 수원지방법원 2017.08.09 2017고정1526
도박장소개설등
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

The Defendant is a person operating “D”, who is a general restaurant in Suwon-si C and Three floors.

1. On December 1, 2016, the Defendant opened a gambling place: (a) opened three casino tables at the said place of business on a first-hand patroler; (b) prepared a casino chips; (c) offered a chips equivalent to five times the amount of alcoholic beverages ordered by the customer visiting the said place of business from March 14, 2017 to March 21:00; (d) using the chips, the Defendant used the said chips for casino gambling games for the purpose of dividing the five cards; and (e) opened a casino gambling game for the purpose of using the said chips by dividing it into five cards; and (e) opened a casino gambling game with a higher ranking according to the prescribed principles, “Bara” (for a person with a card with a higher ranking than nine (9) combined with the two cards), “Bara” (for a person whose total number of card numbers is close to 21), and exchanged the corresponding amount of alcoholic beverages equivalent to 20/10 of the corresponding amount of alcoholic beverages.

Accordingly, the defendant set up a place for gambling for profit.

2. Any food service provider who has violated the Food Sanitation Act shall prevent gambling, other speculative acts or disturbance in his/her place of business;

Nevertheless, the defendant did not comply with the code of practice of food service providers by opening a place where gambling is conducted at the above business establishment as described in the above Paragraph 1.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A report on internal investigation:

1. Application of the Acts and subordinate statutes concerning the scene photographs of control, and photographs taken on a mer new plate;

1. Relevant legal provisions concerning facts constituting an offense, Article 247 of the Criminal Act (a point of opening gambling places), Article 97 Subparag. 6 of the Food Sanitation Act, and Article 44(1)8 (a) of the Food Sanitation Act (a point of violation of matters to be observed by food service providers), 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. The order of provisional payment;

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