beta
(영문) 서울북부지방법원 2013.12.10 2013고정2808

도박

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around February 2011, the Defendant subscribed to “C”, a similar sports earth site, as a member, at a place in Seoul and below Seoul.

around February 14, 2011, at the defendant's house located in Gangnam-gu Seoul Metropolitan Government Down-gu 301, the defendant transferred KRW 60,000 to the Nong Bank account (Account Number: E) designated in the name of the defendant by accessing the above site via the Internet, using a new bank account (Account Number) in the name of the defendant, and predicted the results of various athletic games, such as stables, campings, etc. by charging for corresponding game money, and hosting game money in the corresponding game, and in the actual result, the defendant was refunded the winning money according to the pre-determined dividend rate and was unable to receive the refund if it is impossible to do so. In addition, from the above point of time, the defendant did gambling by receiving KRW 1.5 million from March 1, 2011 to the Nong Bank account (Account Number) designated in the above C.

6. From March 1, 2011 to August 18 of the same month, 201: (a) transferred total of KRW 1,794,00,000 to the C site operation account as indicated in the attached list of crimes; and (b) gambling was performed by means of refunding total of KRW 6,150,000 from March 1, 201 to the 18th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 246 (1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013) applicable to the relevant criminal facts and the selection of punishment

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;