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(영문) 대구지방법원 2020.09.23 2020고단3997
도박장소개설
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant engaged in the business of providing Internet computer game facilities under the trade name of "CPC" on the first floor of the Daegu Dong-gu building B, and caused customers visiting the above scPC to conduct games such as "D", which is an illegal gambling site, such as game money purchased through the Defendant, and 6.4% of the 6.4% of the scPC from the operators of the above gambling site as commission.

On March 15, 2020, the Defendant: (a) around 22:00 on March 15, 2020, received KRW 5 million from E from the above scambling room and charged game money; and (b) provided gambling with “scambling.” From March 13, 2020.

3. By March 18, 2020, comprehensively taking account of the statements made by the Defendant and E, it is confirmed that the above PC was operated by the Defendant until March 18, 2020. In this case, in which the Defendant led to a criminal act, the point at which the illegal business was terminated does not affect the Defendant’s exercise of the right to defense, and thus, the period of completion of the criminal act should be corrected as above. The Defendant opened a place where gambling was conducted for the purpose of making profits by receiving money from customers and filling for game money.

Summary of Evidence

1. Statement F of the defendant in court, each protocol of suspect examination of the police against E;

1. Certificates of registration of Internet computer game providing business operators;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 247 of the Criminal Act comprehensively including the corresponding Articles of the Criminal Act and the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendation according to the sentencing guidelines [decision of types] the establishment, etc. of gambling and game products places [Type 3] no person [the scope of recommendation field and recommendation range] basic field, imprisonment for 8 months to 1 year and 16 months [the general person] mitigation element: where the amount of profit is minor [the reasons for suspension of execution] - General pride reasons: circulation.

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