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(영문) 전주지방법원 2014.11.27 2014고단1427

상습도박

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Internet website ‘B' is an illegal gambling site operated as the "act of a member to exchange cyber money in cash if he/she transfers cash to a national bank account (D) in the name of the above site, and to have a member enjoy the betting by predicting his/her winning, winning, and winning various national, domestic, and foreign sports games using the above cyber money, and then to a member who meets the result of the games, he/she shall pay the betting amount by the amount calculated by multiplying the betting amount by the dividend rate, and to a member who fails to meet the result, he/she collects the betting amount by the betting amount, and if he/she wishes, he/she collects the betting amount by the member, and exchange cyber money in cash."

From July 27, 2013 to February 28, 2014, the Defendant had access to the said site using his/her mobile phone, and had transferred the sum of KRW 64,342,00 from the former bank account (E) in his/her name to the national bank account in his/her name, and had been habitually gambling for 281 times in total by means of betting in the prediction of the result of the sports competition after being charged the same amount from the said site as cyber money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal affairs (limited to the attachment of screen by cutting off the B-line of the illegal sports soil site and the details of transactions in the B-Operational Account);

1. Article 246 (2) and (1) of the Criminal Act comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In light of the circumstances leading up to the instant crime, frequency of gambling and the amount of money used for gambling, the reflective sociality of the instant crime, etc. that reduces sound desire for labor, etc., where the Defendant has habitually committed an illegal sports gambling at the Internet illegal gambling site over several months of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Probation, etc. Act, the crime is not good, but the Defendant has no criminal records of the same kind.