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(영문) 광주지방법원 2019.02.12 2018고단4964
상습도박
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 22, 2014, the Defendant opened an Internet private gambling site (D) at the “C” bank account located in Gwangju Mine-gu, Gwangju, by using a computer, and deposited KRW 3 million from the E Bank account (F) in the name of the Defendant, to the H Bank account in the name of G designated by the above site operator, and deposited KRW 3 million with the H Bank account (I) in the name of G, and then filled with the game money and filled with the two or three copies of the card, and used the gambling called “Ba” in the same manner until November 24, 2018, by means of the same 1,75 times in total as indicated in the list of crimes, and transferred KRW 3,931,090,000 in the same manner as indicated in the list of crimes.

Accordingly, the defendant habitually stuffed the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Details of transactions in each account;

1. The contents of text notes;

1. Investigation report (report on the result of the execution of a warrant of search, seizure, and verification of search, seizure, and verification of warrant No. 2018), investigation report (preparation of correction of the list of crimes against A of the subject party A);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the following methods, frequency of crimes, and multiple repeated crimes committed in the judgment;

1. Article 246 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and Article 246 (2) and (1) of the choice of criminal punishment (generally, choice of

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

1. Probation and community service order under Article 62-2 of the Criminal Act, even though they had had the record of being punished once as the same crime for sentencing, they again committed the crime of this case, considering the period, frequency, contents, etc. of the crime, the crime is not good in light of the fact that the defendant is led to confession of the crime and the mistake thereof, and there is no criminal record exceeding the fine of the defendant, the amount actually put into gambling in favorable circumstances, such as the fact that the defendant supports two children, and the amount actually put into gambling, and other favorable conditions of sentencing as prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, etc. are considered as a whole.

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