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(영문) 서울중앙지방법원 2016.06.08 2016고단1461

국민체육진흥법위반(도박등)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall gambling using any act of offering property or property benefits to persons who win the result of sports promotion by issuing voting rights or a similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

Around December 20, 2012, the Defendant, using a computer installed at the Defendant’s house located in Jung-gu Seoul Metropolitan Government, Jung-gu, the Defendant deposited KRW 130,000 in the account of one bank (Account Number: F) in the name of the above gambling site operation account, and deposited the corresponding game money. Upon receiving the corresponding game money, the Defendant displayed it on the above website’s domestic and foreign stable, camping, camping, distribution, and spath, which received dividends as a result, deposited the same KRW 130,00 in the account of one bank (Account Number: F) in the name of the above gambling site, and deposited the same KRW 30,00 in the total account of the above gambling site by using the same 36,40,50,000, as in the attached list of crimes, from that time until November 23, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of subparagraph (A) to the details of the transactions of water and the entry and departure on a screen of each gambling site (C, D);

1. Article 48 of the Act applicable to the facts constituting an offense, and Articles 48 subparagraph 4 and 26 (1) of the Act on the Promotion of National Sports for the Selection of Punishment and the Selection of Imprisonment with prison labor;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be imposed in full view of the sentence as ordered.

Unfavorable circumstances: The defendant gambling by using an illegal sports soil site for a long time, and the number of times and amount of money are heavy in light of the crime liability.

The favorable circumstances: the defendant.