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집행유예
(영문) 서울북부지방법원 2019.6.11.선고 2019고단1200 판결

상습도박

Cases

2019 Highest 1200 Habitual gambling

Defendant

A person shall be appointed.

Prosecutor

Warrant 2 (Court Decision 200Na1000)

Imposition of Judgment

June 11, 2019

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

To order the defendant to provide community service for 200 hours.

Reasons

Facts of crime

On December 4, 2016, at the PC room located in Seoul Special Metropolitan City, Nowon-gu, the Defendant: (a) accessed the Internet gambling site; (b) transferred 3.3 million won from the Internet gambling site to the account in the name of the above gambling site; and (c) deposited the game money in the name of the Defendant’s bank account; (d) deposited the card with the bank and flas; and (e) displayed the card on one side of the bank and flas; and (e) carried out painting on one side of the bank and flass, the sum of the numbers of which is close to 9, i.e., “Kara, in which the winning is determined by the winning book,” and (e) deposited KRW 4,271,530,00 from that to December 12, 2018, “after filling the game money in the above way,” as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Data on replies to financial transaction information (the details of deposits and withdrawals);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method and frequency of crimes in the judgment;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 246(2) and (1) of the Criminal Act; the choice of imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

In full view of all the circumstances shown in the records and arguments of this case, including the fact that the defendant does not have any previous fault, the period and amount of the crime of this case, the age, character and conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the punishment was determined.

Judges

Judges Nam-ju