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(영문) 대전지방법원 2014.05.29 2014고단1101
상습도박
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 10, 2010, the Defendant is a person who was sentenced to eight months of imprisonment for fraud, etc. at the Suwon District Court Sejong Housing Site Board on November 10, 201 and completed the execution of the sentence on June 9, 201.

From September 22, 2012 to December 8, 2012 of the same year, the Defendant deposited 198,420,000 won in total over 42 occasions, as shown in the separate sheet of crime, through a large number of accounts designated by the founders of the above gambling site, or through the company bank account in the name of the Defendant, etc., and deposited 42 times in the same year through the money deposited in the online private sports entertainment site, which was opened and operated by the Internet, etc., such as online private sports site, and opened and operated in the name of the Defendant and N, etc., and received a certain ratio of dividends, and received a certain amount of dividends in accordance with such ratio.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of N respective police statements;

1. Each investigation report (No. 15,22) and each detailed statement of deposit transactions (No. 16,17 No. 17);

1. Records before and after judgment: The current status of personal identification and confinement, and the result of inquiry;

1. Habituality of judgment: Application of Acts and subordinate statutes to which habituality is recognized in light of the methods of crime, frequency of crime, scale of money and the continuous repeated gambling of the same kind in the judgment;

1. Article 246 (2) and Article 246 (1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013) (amended by Act No. 11731, Apr. 5, 201) applicable to the crime

1. The sentencing of Article 35 of the Criminal Act among repeated offenders shall be determined as ordered in consideration of the following circumstances.

The types, methods, and frequency of gambling are considerably high, and the speculative nature of gambling is high, such as the amount of gambling caused by all crimes reaches a considerable amount, and social harm is high.

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