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(영문) 수원지방법원 안양지원 2018.01.10 2017고정843

도박

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On July 5, 2016, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Act on the Punishment of Acts, including the Mediation, etc. of Commercial Sex Acts, and the said judgment became final and conclusive on March 3, 2017.

[Criminal facts] The site "B" changes the domain name address and the deposit and withdrawal account from time to time, and recruits many unspecified persons as members through the Internet or a letter advertisement, etc.

It is an Internet gambling site that enables gambling games, such as “Bara” and “path,” which are determined by the Ministry of Strategy and Finance.

On February 17, 2015, the Defendant subscribed to the said “B” website at his/her own residence located in Ansan-gu, Ansan-si, with the ID membership, and then transferred KRW 1 million around February 18, 2015 to the account in the name of “B” designated in the “B,” and opened a game by means of “B” in the same number as the amount of the betting amount, if he/she stops by inserting the Gu slot in the box and turning it in the same number as the amount of the betting amount, the Defendant is charged with cyber money, and the game is completed, such as gambling, which means of exchangeing the remaining amount of money for the cyber money, from that time to January 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (a report accompanied by records on the commencement of internal investigation on the B website);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of each written judgment;

1. Article 246 (1) of the Criminal Act applicable to the facts constituting the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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