(a) set up a gambling machine to organize gambling activities, under any of the following circumstances, be convicted and punished for the crime of opening a casino, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and be fined:
1. More than one gambling machine 10;
2. Set more than 2 gambling machines to allow minors to gamble;
3. Set up more than 2 gambling machines near primary and secondary schools;
4. The accumulated illegal income has reached more than 5,000 yuan;
5. The accumulated amount of gambling funds reaches more than 50,000 yuan;
6. The total number of gamblers has reached more than 20;
7. Having set up more than 5 gambling machines within two years after receiving administrative punishment for setting up gambling machines;
8. Having set up more than 5 gambling machines within five years after being criminally punished for gambling and opening casinos;
9. Other circumstances that should be investigated for criminal responsibility.
(two) set up a gambling machine to organize gambling activities, one of the following circumstances, which belongs to the "serious circumstances", and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
1. The quantity or amount is more than 6 times of the standards specified in items 1 to 6;
2. Having set up more than 30 gambling machines within two years after receiving administrative punishment for setting up gambling machines;
3. Having set up more than 30 gambling machines within five years after being criminally punished for gambling and opening casinos;
4. Other serious circumstances.
The number of gambling machines that can be used by many people at the same time shall be determined according to the number of basic operating units that can be used by one person independently for gambling activities.
If gambling machines are set up in more than two places, the number of gambling machines, illegal income, gambling amount and the number of people involved in gambling shall be calculated together.