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(영문) 의정부지방법원 2015.07.17 2015고단1754

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

On February 15, 2013, the Defendant deposited KRW 27,4160,00 in total to the account designated by the operator of the said site by means of a computer, and deposited KRW 400,000 to the account (C) in the name of B designated by the operator of the said site after receiving the corresponding game money, and distributed the game money as a result of various domestic and foreign sports games, and received a certain percentage of dividends depending on whether they were hostilely, from the time to May 31, 2014, as shown in the list of crimes in the attached Table, and 500,000 won was deposited in the account designated by the operator of the said site by means of the said method.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. E statements;

1. A prosecutor's investigation report (verification of accounts for gambling deposits / Attachment of a detailed statement of account transactions);

1. Egresponding on the gambling site;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the period, method, frequency, etc. of crimes in the judgment;

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

1. Article 62 (1) of the Criminal Act;

1. The reasoning and frequency of sentencing under Article 62-2 of the Social Service Order Criminal Act, the period and frequency of the crime, the amount of gambling, reflectiveness against his/her mistake, Defendant’s age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, etc., and other factors of sentencing under each subparagraph of Article 51 of the Criminal Act, etc. shall be determined as ordered for the above reasons.