beta
(영문) 수원지방법원 2020.08.28 2020고단3189

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 22, 2019, the Defendant connected with “D”, which is an Internet gambling site, with a cell phone at the Defendant’s residence located in Suwon-si B apartment and C, and received game money by depositing KRW 1 million into the E bank account in the name of the Defendant and the F association account in the name of the limited liability company G designated on the said website via the F association account via the use of the F association account, and then, the Defendant used the game “shortball” (five-minutes, including the number for each five minutes, one set of five minutes, one set of six numbers, and one set of one set of one set of six numbers, and one set of one set of one set of one set of one set, if the number is either neglected/ even or certain, and then gambling was performed by means of receiving dividends and losing money if it is no longer than a certain amount of money, from around that time to April 20, 2019, and then, from around December 12, 2019, 300Do7400.

Accordingly, the defendant habitually stuffed the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Details of transactions requested for the immediately preceding account;

1. Habitualness: Application of Acts and subordinate statutes that recognize building habits of gambling in light of the frequency, period, amount, etc.;

1. Article 246 (2) of the Criminal Act applicable to the crime, the choice of punishment, and the choice of imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order are the Internet gambling equivalent to a total of 350,740,000 won over 122 times within a period of 2 months, and the degree of such gambling is not exceptionally applied.

However, the sentencing circumstances, such as the defendant's confession, the fact that there is no criminal records other than a fine for one time due to drunk driving, and the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of all the sentencing circumstances.