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(영문) 인천지방법원 2013.08.30 2013노1850
국민체육진흥법위반등
Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal by Defendant A is that: (a) theO residing in the Philippines has caused the instant crime to the founder of the instant gambling site; (b) remitted KRW 200 million to theO out of the proceeds of the crime; (c) Defendant C, etc. paid KRW 32 million at the expense of opening another’s account in the name of another; and (d) KRW 4.5 million at the expense of Defendant B, and the actual amount of the crime was only KRW 13 million; and (d) the court below’s punishment (a) was too unreasonable, for imprisonment, KRW 10 months, evidence 1 through 6, and confiscation, KRW 249,609,602).

The gist of the grounds for appeal by the prosecutor is that the instant crime is significant, planned, organized, and the Defendants’ attitude after the commission of the crime, and the criminal records of the Defendants C and E, etc. (the Defendant B shall be sentenced to the community service order of two years and 120 hours after the suspension of execution in six months of imprisonment, the Defendant C shall be sentenced to the community service order of two years and 120 hours after the suspension of execution in eight months of imprisonment, the Defendant E shall be sentenced to the community service order of two years and 120 hours after the suspension of execution, the Defendant E shall be sentenced to the fine of 6.5 million won, the Defendant D, and the F shall be sentenced to

2. Determination

A. The part of Defendant A’s portion (Appeals) made a confession of his mistake, the fact that the Defendant had left without any particular criminal record for the last ten years, and that there was a family member to support the Defendant. The fact that the Defendant wants to have the Defendant’s preference is the circumstances favorable to the Defendant. However, it is not good that the criminal acts are organized, such as purchase of another’s account and electronic means of access to another’s account through multiple stages, use it for the criminal act, deposit and withdrawal of criminal proceeds, and concealment of crimes on the ground of another’s account transfer, etc., and the number of planned criminal acts are not good. The size and operation period of gambling sites, the amount of electronic means of access under the name of another person who acquired the said means of access exceeds a considerable degree. After the detection of the crime, the circumstances after the crime are committed, such as meeting with accomplices or destroying some relevant data, etc

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