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(영문) 대구지방법원 2018.06.22 2018고단1802
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2016, the Defendant: (a) visited multiple gambling sites by using computers, etc. installed in the above office at the Daegu Suwon-gu Office of the Defendant’s early May 2016, and (b) concluded that the Defendant would have divided the profits by doing so.

B around April 16, 2016, with delivery of KRW 3 million from the Defendant as a vision at the above place, connected to “D”, which is an Internet gambling site, and transferred KRW 300,500 from the National Bank account in B’s name to the “New Company E,” which is the charge charged account designated by the gambling site operators, and charged for the corresponding game money. After receiving the corresponding game money, “the result of the game going through the said game machine and predicted whether or not it will be this,” even “one person” or “the method of receiving the profit if it was predicted and anticipated that it would be it would be,” the bridge Dobbling, “a person,” and around that time, from November 8, 2016 to November 1, 2016, gambling KRW 1,908 in total,00,000,000 per the above method, as shown in the attached Form of Crimes.

Accordingly, the Defendant conspiredd with B for gambling habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. An investigation report (organization of details of money transferred by a suspect B to a gambling site), investigation report (specific report on criminal proceeds);

1. Details of transactions between the recipient B national bank account;

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 in a planned and organized manner;

1. Article 246 of the Criminal Act applicable to the crime, Articles 246 (2), 246 (1), and 30 of the Criminal Act, the selection of punishment for imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Articles 48(1)2 and 48(2) of the Criminal Act does not require a considerable period of time for the Defendant to commit an illegal act, and is considerably large of 1.3 billion won in total, and the Defendant has the same criminal records of gambling three times.

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