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(영문) 대전지방법원 서산지원 2015.04.09 2015고단79

국민체육진흥법위반등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall engage in gambling by issuing sports betting tickets or similar things (including issuing them by means of information and communications networks) and providing property or financial benefits to persons who win at the betting.

Nevertheless, from January 30, 2013 to October 22, 2013, the Defendant subscribed to a member on an illegal sports soil site operated by the Seoul Olympic Sports Promotion Foundation B and C, etc., other than the entrusted business entity, at the location of the Defendant’s residence, located in Seosan City B and 301, and deposited cash to the account designated at the above site, such as the E-name bank account (F) as shown in the attached crime list, and received a certain amount of cyber money in proportion to the amount of money deposited, and received a dividend in accordance with the ratio of the amount of money deposited.

As a result, the Defendant, other than the Seoul Olympic Sports Promotion Foundation and the entrusted business entity, used the act of gambling to provide property or property benefits to those who win the result by issuing sports promotion voting rights or similar things, and habitually gambling.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the police officer concerning G;

1. Application of Acts and subordinate statutes on screen screens and details of deposits for gambling by cutting down an illegal gambling site;

1. Subparagraph 1 of Article 48 of the former National Sports Promotion Act (Amended by Act No. 12348, Jan. 28, 2014); Articles 26(1) and 246(2) and (1) of the Criminal Act concerning the crime

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is about nine months between the defendant and about three months.