The gist of the case
Gambling activities take various forms, from offline to online, domestic to overseas, and many criminals use the Internet as a tool for gambling and collecting money. It is hoped that the broad masses of the people will consciously stay away from online gambling, report gambling in a timely manner, and purify the social environment.
Basic facts of the case
In May 2019, Yang Moumou went to work in the Manila online gambling group in the Philippines, and Group D of the online gambling group mainly operates gambling markets such as "Venetian" and "bet365". Each handicap has positions such as customer service, deposit, withdrawal, and property. The online gambling platform employed by Yang Moumou is for Chinese gamblers in China, and he is still working as a customer service and payment in Group D of the overseas online gambling group, receiving a high fixed job, and is responsible for inquiry services and gambling fund transfer services. As of April 2021, during the gambling ** work, Yang Moumou made a total profit of RMB 137,210$9.
The Qingdao Huangdao District People's Court made the following judgment after trial: 1. Defendant Yang XX committed the crime of opening a casino and was sentenced to eight months imprisonment and a fine of 5,000 yuan. 2. Recover the illegal gains of the defendant Yang XX in the amount of RMB 137,2109 yuan, confiscated in accordance with the law, handed over to the state treasury.
What the court said
In this case, the defendant Yang Moumou clearly knew that he was a gambling ** organized by Chinese citizens to carry out gambling criminal activities abroad, but was still employed to participate in the management of the casino and received a high fixed salary, the circumstances were serious, and his behavior violated the provisions of Article 303, Paragraph 2 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and criminal responsibility should be pursued for the crime of opening a casino. Defendant Yang XX was an accomplice, defendant Yang XX surrendered voluntarily, and defendant Yang XX voluntarily pleaded guilty and accepted punishment, so the defendant was sentenced to eight months imprisonment and a fine.
Laws and Regulations.
Article 303 of the Criminal Law of the People's Republic of China: Whoever gathers a crowd to gamble or uses gambling as a business for the purpose of making a profit shall be sentenced to up to three years imprisonment, short-term detention or controlled release, and shall also be fined.
Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release, and shall also be fined;where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given.
Where citizens of the People's Republic of China are organized to participate in gambling outside the country (territory), where the amount is huge or there are other serious circumstances, punishment is to be given in accordance with the provisions of the preceding paragraph.
Contents**: Alpha database.