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(영문) 인천지방법원 2018.09.14 2018고정1939
도박
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant connected to an illegal gambling site and gambling by means of a “sing-outing” method, which displays both sides on a gambling bridge, a game that meets an odd number or even number, and gambling profits as a device.

From April 17, 2015 to November 10, 2015, the Defendant: (a) visited the illegal gambling site holding the domain names, such as Gunsan, Daejeon’s name, B; and C; (b) opened 10% of the amount deposited from the minimum amount of KRW 300,000 to the highest amount of KRW 1,00,000,000 by using the title of the Defendant’s Nonghyup Bank account (F), such as the Bank Account (E) in multiple accounts in the name of the Defendant; and (c) opened 10% of the amount deposited from the minimum amount of KRW 30,000 to the maximum amount of KRW 1,000,000; and (d) opened 10% of the number of private bridge-shaped games provided on the same site, even number of even number of members, and paid a certain amount of dividends when it is difficult to reach the result, and paid 16,365 times the total amount of dividends to the “private bridge”.

Summary of Evidence

1. Statement by the defendant in court;

1. Data on analysis of transaction details;

1. Application of Acts and subordinate statutes to report internal investigation (related to specific financial transaction information) and investigation reports (related to attachment of transaction details to A by a suspect);

1. The main sentence of Article 246 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act reflects the Defendant’s wrongness in sentencing, and the so-called two-called betting amount used in the instant crime is intended to gain a small risk of non-risk, and the degree of gambling is weak, and the Defendant has no record of criminal punishment except that he/she has been sentenced to a fine on one occasion for the crime of this kind, which is favorable to the Defendant.

However, the period of gambling of the defendant is reasonable, and the amount of gambling provided for the crime of this case reaches KRW 1.8 billion.

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