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(영문) 서울남부지방법원 2020.04.23 2019고단6636
상습도박
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On November 23, 2016, the Defendant received a summary order of KRW 7 million as an gambling crime from the Seoul Western District Court.

【Criminal Facts】

From May 23, 2018 to January 3, 2019, the Defendant visited the illegal gambling site called “C” with his own cell phone at the Defendant’s office, etc. located in Gangseo-gu Seoul Metropolitan Government’s Gangseo-gu Office, etc., using three accounts, including the Defendant’s name, and deposited KRW 883,030,000 over 291 times in total with four accounts, such as the Korea Bank (E) in the name of the limited liability company D, which is the gold charging account managed by the said website, such as the list of crimes, and deposited KRW 883,03,00,000 in total as shown in the list of crimes. After filling cyber money offered on the said website, the Defendant betting on the card game, and scambling by receiving a distribution of cyber money depending on whether it was fit as a result.

Accordingly, the defendant habitually stuffed the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a protocol of suspect examination of the police against F;

1. A report on internal investigation (the details of the person who committed the illegal gambling site and the grounds for individual transmission);

1. Records before judgment: Criminal records;

1. Habituality of judgment: Application of Acts and subordinate statutes that recognize dampness in light of the records of crimes, the frequency of crimes, and the frequency of crimes;

1. Article 246 (2) and (1) of the Criminal Act and Article 246 (1) of the Criminal Act concerning the applicable criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Act, the following specific circumstances shall be determined by comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.

3. Unfavorable circumstances: The circumstances that are favorable to the nature of the crime in light of the period of the crime, the frequency of the crime, the scale of the gambling fund, etc.: the defendant recognized the crime in this case and reflects the depth of the crime.

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