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(영문) 대구지방법원 2017.01.20 2016고단5837
상습도박
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around January 2015, around 2015, prepared an office to prepare four computers in Daegu North-gu building C, and employed Defendant B. A, while serving as the president of Defendant A and Defendant B as an employee, conspired to make profits by doing so by doing multiple betting on the illegal sports soil site in which the name and the name and the name and the name and the name and the name and the name and the name and the name and the name of the employee, and by doing so according to the difference in the dividend rate.

Accordingly, on April 10, 2015, the Defendants joined D, which is an illegal sports soil site operated by the nameless boxes, connected to D, and charged KRW 2 million with the daily bank account (63009284731) under the name of the said gambling site “Ammark”, and then selected the gambling bridge and followed by the number of odds or even numbers, the Defendants called “a gambling” in the following crimes, including gambling by means of receiving dividends according to the dividend rate, from January 6, 2015 to November 18, 2015.

As a result, the Defendants conspired to gambling habitually.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police suspect interrogation protocol against the defendant A (in the case of the second-time police suspect interrogation protocol, including the part concerning the statement of the defendant B);

1. Each description or image of a detailed statement of the transaction in a corporate bank (Emmark Co., Ltd.), report on internal affairs ( analysis of gambling operation accounts), a detailed statement of the transaction in the Nonghyup (Defendant A), and a D website-foling and photographing photographs and investigation reports (specific map);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the number of crimes, frequency of crimes, and the fact that the same kind of crimes has been repeated several times;

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 246(2), 246(1) and 30 of the Criminal Act (a inclusive, choice of imprisonment);

1. Defendants on probation: Article 62 of the Criminal Act.

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