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(영문) 서울중앙지방법원 2013.09.13 2013고단4468

상습도박

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a company member.

피고인은 2011. 1. 22.경 서울 성북구 D에 있는 피고인의 집에서 그곳에 설치된 컴퓨터를 통해 인터넷 도박 게임 사이트에 접속하여 회원으로 가입한 다음 인터넷 뱅킹을 통해 50만원을 도박자금으로 송금한 후 1회당 1만원에서 1,000만원까지의 도금을 걸고 속칭 ‘바카라, 블랙잭, 룰렛’ 등의 도박 게임을 하였다.

이를 비롯하여 피고인은 별지 범죄일람표 기재와 같이 그 때부터 2012. 11. 16.경까지 합계 2,738,870,000원의 도박자금을 걸고 속칭 ‘바카라, 블랙잭, 룰렛’ 등의 도박 게임을 하였다.

Accordingly, the defendant was habitually stuffed with property.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. On-site report (for gambling site E), and on-site screen pictures of nsloki Group and order language, and E web page output;

1. On the screen of a report on internal accidents (verification of the gambling site and game server Apam) and a closure of the gambling site;

1. Application of Acts and subordinate statutes to which gambling habitss are recognized in light of the method, frequency, and period of the crime committed as indicated in each specification of transactions (Habitualness) and our bank (Habituality);

1. Article 246 (2) and (1) of the Criminal Act by universal title with respect to the relevant criminal facts;

1. Selection of alternative imprisonment with prison labor (the period of the gambling in this case and the scale of the gambling capital);

1. The grounds for probation of one-year period of probation for one-year term of imprisonment with prison labor for one-month term (limited to one-month term) and six-month term for sentencing under Article 62(1) of the Criminal Act (in light of the period of criminal administration and the scale of total gambling funds), but the following circumstances that are favorable to the defendant, namely, the following circumstances that may be considered in light of the motive and circumstances of the crime, are deemed to have been caused to the crime of this case in the first instance court, which is not illegal intent, and the defendant's sentence against the defendant is deemed to have been committed in good faith.