Verdict no. 322/2017/HSST dated august 30, 2017 on gambling offenses

THE PEOPLE’S COURT OF HO CHI MINH CITY

VERDICT NO. 322/2017/HSST DATED AUGUST 30, 2017 ON GAMBLING OFFENSES

On August 30, 2017, at the office of People’s Court of Ho Chi Minh City, the first instance trial was conducted to hear the criminal case No. 252/2017/HSST dated May 15, 2017 against the defendant:

VO DUY K, gender: male, born in 1988 in Tien Giang; permanent residence: Village C, Commune B, District F, Tien Giang; education level: 12/12; occupation: self-employed; his father: VVT and his mother: HTKP; family circumstances: his wife: LTBT, children: none Previous administrative penalties, previous convictions: none.

Detained from February 21, 2017 (present). Other procedural participants: The advocate for the defendant:

Lawyer Bui Luu Lac, member of Bar Association of Tien Giang (present).

FINDING THAT

The defendant VO DUY K was prosecuted by the Ho Chi Minh City People's Procuracy on criminal offenses as follows:

Website www.Dafabet.com (hereinafter referred to as Dafabet) is an online football betting, horse race, casino, poker, keno, lottery, etc., server located in Philippines, registered by foreigners, publicly operating in various countries in the world, including Vietnam. Some foreigners colluded with some Vietnamese people to advertise, introduce, and guide many Vietnamese people to use website Dafabet to gamble and open many personal banking accounts such as: NTKC, LTT, LXL, LTC, LNBT, LTX,…on the website Dafabet linked with banks in Vietnam to receive money from Vietnamese bettors, pay money to the winning bettor, transfer money to other representative accounts of website Dafabet, illegal transfer all money earned from the organization of gambling, through some intermediaries, to abroad.

When engaging in gambling, the player must create a member account on the website Dafabet.com and transfer money to the account of this website in cash or by wire transfer through the above-mentioned banks using Internet Banking method. After creating the account, the player must sign in the website and choose the type of payment current, such VND, 01 token of the bookie is equivalent to 1,000 unit of currency, and the follow the instructions and transfer money to the representative accounts of the website; after that the representative of Dafabet shall transfer such money to the account of the player on website Dafabet for gambling purpose. While gambling, a winning player will receive money from member accounts of website Dafabet, that player may withdraw or leave it in the account to continue playing.

Specific offense committed by the defendant VO DUY K:

VO DUY K created a member account with user name “khanhvoduy88”, password “khanh1988” on website Dafabet.com and used his personal banking account No. 0103863812 at the Dong A Bank to engage in gambling in the form of football betting. From December 2014 to May 2016, VO DUY K transferred money multi times, totaling VND 155,600,000, and received VND 140,200,000 from representative accounts of Dafabet. Every time signing in the member account on website Dafabet.com, Khanh has continuously made bet on 5 to 10 football matches in different  international football tournaments, and also gambled 2 times with at least VND 5 million as follows:

+ On January 6, 2016, VO DUY K placed a bet on Spain’s football tournament with the match between Athletic Bilbao and Villarreal CF. Khanh chose “xỉu” (“under”, in the over-under bet type) and put VND 5,000,000 bet. Finally, Khanh lost VND 5,000,000. So, VO DUY K used VND 5,000,000 for gambling.

+ On January 6, 2016, VO DUY K placed a bet on Italy’s football tournament with the match between Udinese and Attalanta, Khanh chose “xỉu” (“under”, in the over-under bet type) and put VND 5,058,000 pet. Finally, VO DUY K lost VND 5,058,000. Hence, Khanh used VND 5,058,000 for gambling.

At the investigation body, VO DUY K confessed to his criminal offense, Khanh’s statements are consistent with the verification of account No. 0103863812 of Khanh opened at Dong A Bank; the football betting history in the account “khanhvoduy88”, password “khanh 1988” on website Dafabet.com.

In this case, the Investigation Police Body (C45) affiliated to the Ministry of Public Security spot and prosecute 67 suspects, including 04 suspects convicted of “Organization of gambling” and 63 suspects convicted of “Gambling”. The Investigation Police Body (C45) affiliated to the Ministry of Public Security made an investigation conclusion, the Supreme People’s Procuracy issued an Indictment; from March 6, 2017 to March 13, 2017, the People’s Court of Ho Chi Minh City had conducted first instance trial. Two other defendants ran away, including suspect VO DUY K. On February 21, 2017, the investigation body arrested VO DUY K under a wanted decision.

In the Indictment No. 01/VKSTC-V2 dated May 10, 2017, the Supreme People’s Procuracy prosecutes:

VO DUY K for “Gambling” as prescribed in Clause 1 Article 248 of the Criminal Code 1999, amended in 2009.

At the trial, the defendants admitted their acts as stated the indictment of the Ho Chi Minh City People's Procuracy and requested the Trial Panel to consider extenuating circumstances for mitigation of punishment imposed on the defendant.

Opinions of the representative of the People’s Procuracy of Ho Chi Minh City: upholding the prosecution as stated in the Indictment. After summarizing and analyzing nature of the case, indicating aggravating and extenuating circumstances, the representative procurator requests the Trial Panel to sentence the defendant from 9 to 12 months in prison for “Gambling” as prescribed in Clause 1 Article 248 of the Criminal Code 1999.

The lawyer: the defendant has extenuating circumstances such as expressing cooperative attitude and showing his repentance; having good record; mother’s defendant is the headmaster of a school who has given great contribution to education, so request the Trial Panel to impose a sentence with a period of time as long as the duration that the defendant has been remained in detention.

Based on documents and items of evidence assessed at the court hearing; argument result at the court hearing and extensive verification of items of evidence, opinions of procurators, the defendant and lawyer;

CONSIDERING THAT

In today’s court hearing, the plea of guilty of VO DUY K is consistent with items of evidence taken during the investigation process, the Trial Panel has substantial grounds for concluding that VO DUY K placed football bet many times on website dafabet.com, the defendant committed the offense of “Gambling” as prescribed in Article 248 of the Criminal Code 1999, amended in 2009 as prosecuted by the People’s Procuracy of Ho Chi Minh City, which is well-grounded, lawful and without unjustly punishment.

VO DUY K has gambled many times in the form of football bet, including gambling 2 times by international football bet with the amount of at least 5,000,000 (01 time with VND 5,000,000 and 01 time with VND 5,058,000), so it is advisable to apply Clause 1 Article 48, Point g Clause 1 Article 48 of the Criminal Code to impose a penalty on the defendant.

The defendant’s act is dangerous to society, infringing public safety and order, the defendant is well aware that his act violates the law but for purpose of self-interest and making easy money.  Thus, the defendant should be imposed a penalty corresponding to nature and extent of the criminal offense committed by the defendant to achieve the goal of educating the defendants and deterring defendants from the whole society.

However, at the investigation body as well as at the first instance court hearing, the defendant showed cooperative attitude and has good record; the defendant showed his repentance and desire to redeem his faults; he made the offense for the first time and this offense is considered misdemeanor, so the Trial Panel applies Point h, p Clause 1 Article 46 of the Criminal Code 1999, amended in 2009 to grant the defendant a commutation of sentence. Deeming that the detention duration is enough to re-educate the defendant to become a good citizen, the Trial Panel imposes the defendant a sentence with the period of time as long as his detention duration.

Pursuant to documents and evidence mentioned above;

HEREBY DECIDES

Declare the defendant VO DUY K guilty of “Gambling”.

Pursuant to Clause 1 Article 248; Point g Clause 1 Article 48, Point h, p Clause 1 Article 46 of the Criminal Code 1999 (amended in 2009); Clause 5 Article 227 of the Criminal Procedure Code 2003.

Sentence: VO DUY K 06 (six) months and 09 (nine) days in prison for “Gambling”. The prison term commences from February 21, 2017. The defendant has finished serving the sentence. Release the defendant at the court hearing if the defendant has not been detained for another offense.

The defendant has to pay VND 200,000 of first-instance criminal court fee.

The defendant has the right to appeal the Verdict within 15 days from the date of pronouncement.