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(영문) 서울중앙지방법원 2018.02.13 2017고단8632

국민체육진흥법위반(도박등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person, other than an entrusted business entity, shall provide property or property benefits to persons who win the result of sports promotion by issuing voting rights or similar things to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity, and gambling using such prohibited acts.

On January 1, 2016, the Defendant visited the Defendant’s residence, etc. at Seocho-gu Seoul Metropolitan Government E and 302, deposited KRW 100,000 from the new bank account opened in the name of the Defendant to the new bank account opened in the name of the Defendant, and purchased sports promotion voting rights in a similar way to receive dividends in accordance with the pre-determined ratio of dividend.

In addition, from around that time to June 7, 2017, the Defendant purchased similar sports promotion voting rights of KRW 1,724 in total, 1,986, 333,560.

As a result, the defendant was gambling by using the act of issuing similar sports promotion voting rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of police officers against G, H, I, J, K, L, M, N,O, and P;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes to each investigation report (the list Nos. 4 and 5 of evidence);

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62Da148, Apr. 1,