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(영문) 대구지방법원 2015.01.15 2014고정2489
도박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 01:50 on April 19, 2010, the Defendant connected the Defendant’s house located in Daegu-gu, Daegu-gu, to the gambling site’s gambling site, deposited KRW 500,000 in the corporate bank account (G) in the name of (G) the said gambling site deposit account, and deposited KRW 500,000,00 in the said gambling site’s account, and deposited cyber money, and collected two or three copies of drum cards, and then collected cyber money in the order of priority determined in the following order: (a) as indicated in the attached list of crimes; (b) from April 19, 2010 to June 20, 201, and (c) deposited KRW 1,220 times in total,87,877,750, and (d) deposited cyber money over the Internet.

Summary of Evidence

1. Defendant's legal statement;

1. Gagbling site closure photographs;

1. A list of details of transactions related to the suspect;

1. Application of Acts and subordinate statutes to investigation reports (verification of details of gambling accounts for gambling actors);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On August 19, 201, the Defendant and his defense counsel’s assertion on the claim of provisional payment order under Article 334(1) of the Criminal Procedure Act, issued a summary order of KRW 1,500,000 to a fine for gambling at the Seoul Northern District Court on August 19, 2011, and the above summary order became final and conclusive. The instant crime is a crime committed before the above summary order becomes final and conclusive, and is based on the Defendant’s expression of a wall to the gambling habits. The previous gambling and the instant crime for which the summary order already became final and conclusive are related to a single comprehensive crime, thereby affecting the res judicata effect of the above summary order

In a case where a judgment of conviction has become final and conclusive for a part of multiple criminal facts which are related to a comprehensive crime as a habitual offender, the remaining crimes which were committed before a judgment of facts in the final and conclusive judgment is rendered.

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