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(영문) 대전지방법원 논산지원 2017.07.18 2017고단297
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2016, the Defendant visited the site of "B" in Gwangju-si, Gyeonggi-do, where the Defendant works as the site manager, by using a computer, and transferred 9.8 billion won from the Defendant's name bank account (C) to the bank account (461301047754) of the company affiliated with the above gambling site, which is an account designated at the above gambling site, and received the corresponding game money, and received two or more cards from the time to May 11, 2016, and used the gambling such as "bcack cack", which means that the sum of the numbers is similar to 21,000 won, as stated in the list of crimes, and habitually charged for gambling games.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of search and seizure warrant or reply data (financial transaction details);

1. Details of payments by the victim;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of inquiry letter, such as criminal history, method of crime, frequency of crime, period of crime, scale and repetition of crime, etc.;

1. Article 246 of the Criminal Act applicable to the crime, Article 246 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

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

1. The act of participating in the Internet gambling using illegal gambling sites for sentencing under Article 62-2 of the Criminal Act requires strict punishment due to high social harm, the Defendant’s gambling period is not short, and the amount of gambling funds is very significant. However, even though the Defendant’s mistake is against the Defendant, the Defendant’s age, sexual behavior, environment, criminal record (the crime of gambling), criminal record (the crime of gambling), criminal records (the crime of gambling) and the circumstances after the crime, etc. are considered in light of all the sentencing conditions shown in the argument of the instant case, including the following: (a) the Defendant’s age, sexual behavior, criminal record, criminal record, criminal records (the crime of gambling), and the punishment as ordered.

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