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(영문) 전주지방법원 2015.03.26 2014고단2072
상습도박
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Internet website “C” means, when a member transfers cash to the Korean bank account (E) in the name of Korea Limited Company D (E) or the national bank account (G) in the name of F (G) or H (I) in the name of F (H), the member is charged with cyber money in the same amount, and the member is divided into two cards, respectively, and the member conducts betting to one of the aforesaid card, one of the members is offcoming or displaying, and the member conducts betting. After adding the number of the above card two, one of the above card two is the sum of the number of betting, one of the members operates the “C” games, which is called “the method of winning in betting,” and the member pays or collects cyber money according to the winning of the above game, and if so, one of the members is operated by the method of exchanging cyber money in cash.

From December 4, 2012 to April 25, 2013, the Defendant had access to the said site at his own residential area located in Seojin-gu, Jeonjin-gu, Seoul, the Defendant transferred the said site’s name from the Nonghyup Bank account (K), L’s former North Bank account (M), N’s name (O), and the post office account in P’s name to the designated account of the said site. The Defendant received the same amount from the said site as cyber money, and carried out the said “Bada” gambling habitually over several hundreds.

Summary of Evidence

1. Defendant's legal statement;

1. Hambling site closures;

1. Response to financial transaction information;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been committed systematically and systematically several times;

1. Article 246 (2) and (1) of the Criminal Act by universal application of relevant provisions concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The fact that the criminal defendant who is suffering from physical disability is remarkably pening his/her mistake, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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