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(영문) 대구지방법원 서부지원 2018.05.29 2017고단1817

상습도박

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 23, 2016, at the defendant's house located in Daegu-gun Group B around 01:27, the defendant habitually connected to "C", a private Internet gambling site opened by a computer, and deposited KRW 3,00,000 from the defendant's Daegu-based bank account under the name of the above site to 219637040242, which was designated by the operator of the above site. The defendant deposited KRW 3,00,000 in the account using cyber money converted from such deposited money to 3,00,000 on the screen and video of the gambling site, and distributed KRW 2 or 3 to 0,000 in the total number of 10,000 and KRW 5,000 from 200 to 30,000,000 from 25,000 to 20,0000 won were deposited in the above cyber game by using the above cyber money converted to 30,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographss, text messages pictures, and details of financial transactions with regard to Internet closures;

1. An investigation report (in the event of the commencement of an investigation), an investigation report (in the event of filling a gold, attaching details of account transactions used by the person subject to investigation), transaction details, investigation report (in the event of filling a gold), investigation report (Attachment of gold filling and exchange details), and investigation report (in the face of a gambling site run by the person subject to investigation);

1. Habitualness: Even if the defendant had no criminal record of the same kind of gambling, considering the period and frequency of the crime, and the scale of the commission, etc., the defendant may be deemed to have a habit of gambling (see Supreme Court Decision 95Do955 delivered on July 11, 1995, etc.). The application of the law shall apply to the defendant.

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

1. The Criminal Act, the suspension of execution;