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(영문) 대구지방법원 2020.04.23 2020노434
국민체육진흥법위반(도박개장등)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: Imprisonment with prison labor for one and half years, confiscation, additional collection, Defendant B: imprisonment with prison labor for one year and one year), which the court below sentenced to the Defendants, is unfair.

B. The above punishment sentenced by the prosecutor by the court below to the defendants is too unfortunate and unfair.

2. As to the Defendants and the prosecutor’s assertion of unfair sentencing, the crime of transfer of the means of access, such as this case, requires strict punishment as to each of the following facts: (a) the Defendants established a false corporation for the purpose of impairing the stability and reliability of electronic financial transactions and enhancing the risk of abusing them for other serious crimes; (b) the Defendants actively distributed the means of access through the transfer of the bankbook to the operators of illegal Internet gambling sites; (c) the number of circulation passbooks established by the Defendants is considerable; (d) the number of circulation passbooks established by the Defendants is considerable; and (e) the Defendants took part in the operation of illegal Internet gambling sites by withdrawing and remitting profits in the case of Defendant A; and (e) the Defendants recognized both of the facts charged in the instant case and against their mistake; (e) Defendant A did not have the same or a criminal record in the case of Defendant A; and (e) Defendant B did not have any favorable force other than punishment once due to any other crime; and (e) the Defendants’ age, character and behavior, family relationship, circumstances, etc., as well-founded or circumstances after the Defendants’ imprisonment and punishment are deemed unreasonable.

3. In conclusion, the appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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