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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On June 14, 2013, the Defendant: (a) around 20:00, the Defendant: (b) placed a total of KRW 2 million in gold-dong, Seongdong-gu, Seoul; (c) placed a board amount of money each time; and (d) sold cards to gambling participants in two places divided into the table “plate” and “banks”; and (c) distributed the cards to the public in a way that the sum of the number of the publicly disclosed cards is close to 9 hours, up to 160 hours.

Summary of Evidence

1. Some statements made in the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes concerning a protocol of suspect examination of the police to C or D;

1. Article 246 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The argument C, E, and F opened a "Baa" gambling place without any intent or ability to exchange chips used for gambling after gambling in cash. As such, the defendant is only the victim of the fraud gambling, and thus, the crime of gambling is not established.

2. The case where the crime of gambling is not established in the so-called "Fraud gambling" is because one of the gambling parties cannot be viewed as gambling as a result of the lack of friendlyness between the gambling parties, which is the core element of gambling by controlling the number of the winnings by means of fraud. Thus, the defendant's individual gambling act does not lack friendlyness between the gambling parties. Further, there is no circumstance that the opening of gambling at the time of the instant case was conducted by acquiring the gambling fund of the gambling participants from the beginning, and it is not recognized that the whole gambling act was lacking in friendlyness, and it is merely a problem that only the exchange of chips used after gambling due to the internal circumstances of the gambling operator.