logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.09.25 2019고단4897
상습도박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 January 1, 2018, the Defendant connected to “B”, which is an Internet illegal gambling site, and entered as a member. On January 1, 2018, the Defendant used gambling by way of deposit and distribution of KRW 2,82,871,908 in total 644 times in total, as indicated in attached Table 1, 2, from the time on January 14, 2019, when one of the “man’s negligence” or “a even” was selected among the deposited accounts under the name of limited liability company C (E), a deposit account designated by the said website operator, and filling for a game money.

Accordingly, the defendant habitually stuffed the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on internal investigation (a copy of a warrant of search, seizure, verification, identification of gambling offender, etc.), copy of a warrant of search, seizure, and verification, AF bank account seal, and requests for provision of financial transaction information and reply data;

1. Habituality of the judgment: To the effect that habituality is not recognized in light of the method of crime, frequency of crime, period of crime, funds habitually used in the crime, etc. (the defendant and his/her defense counsel). However, habituality in the crime of habitual gambling refers to the behavior of repeated gambling and refers to the nature of the offender. In determining the existence of such behavior, data such as the criminal records of gambling and the frequency of gambling are important. However, even if gambling is not conducted, habituality may be recognized if the behavior of gambling is acknowledged in consideration of the nature and method of gambling, the size of gambling, the attitude of gambling participating in gambling, etc. (see, e.g., Supreme Court Decision 95Do955, Jul. 11, 195).

arrow