A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal record] On December 1, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Incheon District Court on December 1, 201, and the said judgment became final and conclusive on December 9, 2016.

[2] On October 19, 2015, the Defendant deposited KRW 250,00 from the account under the name of E, which was connected to the Internet gambling site, and used at the said gambling site, and then selected a number from the original screen with the number from “0” to “36” on the computer screen, and then made a stampling that the Defendant received a certain dividend if he returned the original plate to the corresponding number.

In addition, the Defendant deposited KRW 650,950,000 on a total of 270 occasions from October 19, 2015 to January 14, 2016, as stated in the list of crimes in the annexed crime list, and habitually stuffed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (related to partial change of the amount deposited by each suspect);

1. Each report on internal investigation:

1. Previous convictions: A written inquiry about criminal history and a report on investigation (a single concurrent crime after Article 37 of the Criminal Act);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the period and frequency of crimes, and the fact that the same kind of crime was committed more than 270 times or repeated between several months;

1. Article 246 of the Criminal Act applicable to the crime, Article 246 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) recognizes and reflects the instant crime. The fact that the instant crime has the relation between the criminal records as set forth in the judgment and the concurrent crimes as set forth in the latter part of Article 37 of the Criminal Act is more favorable, and the frequency and scale of gambling are not small, taking into account the unfavorable circumstances, and causes the Defendant’s age, sex, environment, and the instant crime.