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(영문) 창원지방법원 거창지원 2019.11.27 2019고단246
상습도박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant knew the fact that the game money used in the Internet games such as C and D may be exchanged in cash through an illegal money exchange company called “B”, and, with the knowledge of the fact that the Defendant purchased the game money in cash, intended to play gambling by buying the game money in cash and selling it in C or by exchanging it in cash.

On January 1, 2017, the Defendant used a computer at the Defendant’s home located in Chungcheongnam-gun, Chungcheongnam-gun, and accessed C site on three occasions by using the first four card, exchanged the card with three times according to the order of use of the card, and lastly, among the remaining cards, carried out a card game in which a person with a low pattern or low number of card receives money, and opened the card with the first four card so that one among them can be seen as other persons, and opened the first four card with the card so that he can be seen as other persons, and then, he sawd with three additional cards by using one card and then opened the game in cash again from the date of non-disclosure to the date of 30 days’ purchase of the card, 10 days’ total amount of KRW 15 days’ from the date of 30 days’ purchase of the card, 30 days’ total amount of money or KRW 108 days’ total amount of money, 40 days’ from the date of exchange to the date of 15 days’ purchase of the card.

Summary of Evidence

1. Defendant's legal statement;

1. Search, seizure and verification warrant (2019-1589) - new data;

1. Habitualness in the holding: Application of Acts and subordinate statutes recognizing dampness in light of the content of gambling, frequency of gambling, amount of money for gambling, etc. in the holding;

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 penalty, and the choice of imprisonment;

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

1. An order to attend a course;

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