beta
(영문) 창원지방법원 2018.01.31 2017고단3856

상습도박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

From February 15, 2016 to September 16, 2017, the Defendant visited five Internet gambling sites, including “D, E, F (Suspension of Operation), G (Suspension), and H,” the Internet gambling site, using computers and smartphones installed at the home of the Defendant, and received the name of the Defendant’s bank account (number : 1), Gyeong-nam Financial (number : J), Gyeong-nam Financial Bank Account (Serial: K), Y, U.S. Financial Account (Serial: Ga.), and U.S. Securities Account (Serial number: : L), and U.S. Financial Account (number : N and termination) in the name of the Defendant’s M, and deposited money in several times, such as R/S account, which is the filling account of the said site, and then deposited the money, and received the same from the back of the number of women and children on the screen to the next nine on the real-time screen.”

The Defendant 2,396,080,300 won in total over 856 times, such as the list of crimes in the attached list of crimes, was boomed by the aforementioned method.

Accordingly, the defendant habitually stuffed the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions by bank and list of offenses;

1. Application of Acts and subordinate statutes to the closure of the screen, which is the mail of the gambling site, currently in operation;

1. Relevant Article 246 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 246 (2) and (1) of the same Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The conditions favorable to the reasons for sentencing as set forth below) is that the Defendant, as a primary offender, has a character of and reflected against his mistake, and there are some circumstances to consider the motive and background leading to the instant crime. Furthermore, the following conditions were comprehensively taken into account: the means and consequence of the instant crime; the circumstances after the commission of the crime; the Defendant’s age, sexual conduct, intelligence, environment, and other various conditions of sentencing as shown in the records and arguments.