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(영문) 창원지방법원 2016.07.14 2016고단1431

상습도박

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

[criminal history] On May 18, 2015, the Defendant was sentenced to a fine of KRW 5 million by the Changwon District Court for a violation of the Game Industry Promotion Act, and was sentenced to a fine of KRW 3 million by the Changwon District Court on March 16, 2015.

[2] On May 28, 2014, the Defendant deposited KRW 300,00 in the bank account in the name of the Bankcom (Account Number 10050502481018) in the name of the Republic of Korea (Account Number 10050502481018) with the deposit of KRW 300,00,00 in the name of the cyber money at around 18:18, 201, while betting money with the money from KRW 100,000 to KRW 1,000,000,000 in the name of the passenger, the Defendant received the payment of cyber money from the passenger book and received it again by the passenger book from September 16, 2015, and deposited KRW 2214,78,708,70 in total from that time to September 16, 2015 as indicated in the list of crimes.

Accordingly, the defendant habitually stuffed the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Specified financial transaction information and financial transaction details;

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime in this case, the number of crimes in this case, and the frequency of crimes;

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

1. The sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, on the grounds of the sentencing of Articles 62-2(1) and 62-2(2) of the Criminal Act for the observation of protection and observation, shall be determined as set forth in the text.

- Unfavorable circumstances: The frequency and scale of gambling of this case are not small - favorable circumstances: The defendant is led to confession and reflect, and there is no record of punishment for gambling exceeding fines.