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(영문) 청주지방법원 2013.11.28 2013고정879

도박

Text

Acquittal of the accused shall be acquitted.

Reasons

1. From March 7, 2012 to May 9, 2012, the Defendant: (a) accessed D, a residence of the Defendant in Seo-gu Daejeon, Seo-gu, Daejeon, by means of computers and smartphones, etc. connected to the Internet; and (b) deposited KRW 101,340,00 on several occasions via E’s account in the name of the National Bank (NumberF) that is a gold management account; and (c) predicted the outcome of various sports games offered on the above site, thereby putting cyber money out; (d) received dividends depending on whether such forecast is valuable or not; or (e) confiscated cyber money.

2. According to the records, on July 12, 2012, the Defendant was sentenced to 6 months of imprisonment with prison labor for habitual gambling and 2 years of suspension of execution at the Busan District Court. On November 9, 201 of the same year, the criminal facts of the final judgment became final and conclusive, and the criminal facts of the final judgment are as follows: “The Defendant may receive a certain rate of dividend and habitually receive a certain rate of dividend in accordance with the result of the betting of various kinds of domestic sports games after having received the corresponding game money from January 4, 201 to October 18, 2011.”

According to the above facts, the facts charged of gambling in this case, which became final and conclusive and committed prior to the pronouncement of the judgment, shall be deemed to have been reduced by the realization of the defendant's wall of gambling, in light of the method, method, and period of the crime. Thus, the facts charged of gambling in this case, which had been final and conclusive judgment, and the facts charged of gambling in this case before the judgment, are crimes of habitual gambling, which are crimes under the substantive law.