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(영문) 서울중앙지방법원 2017.01.11 2016고단8008

상습도박등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall provide property or property benefits to a person who has correctly predicted the result of sports promotion by issuing voting rights or a similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity, and gambling using such prohibition.

Nevertheless, around November 26, 2012, the Defendant used smartphones used by the Defendant at the Defendant’s residence in Gangnam-gu Seoul E and 302, and deposited KRW 150,000 from a bank H account in the name of the Defendant to one bank J account in the name of the Defendant, and deposited KRW 150,000 to one bank account in the name of the Defendant, one bank account in the name of the Defendant, and charged with the corresponding game money. The Defendant displayed the same as the result of the above website’s failure to receive dividends or lose money. From that time to January 4, 2016, the Defendant deposited KRW 1,655,17,197,98,70,708, and deposited KRW 305,758,70,000 in the above manner, as shown in the “Attachment List of Crimes”. < Amended by Presidential Decree No. 27720, Nov. 25, 2016>

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (a copy of a seizure warrant, etc. and a package page);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been repeated for a long time;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (a comprehensive, the point of gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (a comprehensive, the point of habitual gambling);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The period and frequency of sentencing under Article 62-2 of the Criminal Act, and the scale of the reason for sentencing, are not good, but the defendant is led to the confession of the crime and is against the law.