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(영문) 인천지방법원 2019.09.26 2019고단3213
상습도박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 8, 2017, the Defendant opened an account designated by “B” and “C”, which is an Internet gambling game site using a computer, and purchased 150,000 won without passbook payments from an account designated by “D company”, an illegal Internet money exchange company, using a computer, and then exchanged the card three times in order after having received four copies of the first card and then displayed the card, and ultimately, took money distributed by a person with a different pattern or a low number of cards, among the remaining cards after the final distribution, by using a game called “bine,” and received KRW 30,000 in total from January 2, 2017 to January 201, 2018, and received KRW 360 to June 27, 2018, 306 in total from 20,000 to 360,000 won in cash exchange with the above game money deposited with the above 360,000 won in the account as shown in the separate sheet 360,8160,1667.

Accordingly, the defendant habitually stuffed the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Details of dialogue;

1. Inquiry sheet requested for the details of transactions by demand and each details of transactions by entry;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods and scale of crimes in the judgment and the repetition of the same crimes for a considerable period;

1. Article 246 (2) and (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the period, frequency, and scale of gambling funds, etc. of the crime of this case. However, it is more favorable for the defendant to live in good faith in the future against the mistake, and there is no criminal history exceeding the same criminal record or fine.

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