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(영문) 울산지방법원 2017.03.17 2016고정1453

국민체육진흥법위반(도박등)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person, other than an entrusted business entity, shall engage in an act of offering property or property benefits to persons who win at the results of sports promotion by issuing voting rights or a similar things or gambling using such rights.

Nevertheless, from April 29, 2016 to June 12, 2016, the Defendant opened a foreign exchange bank account in the name of the Defendant (D) and one bank account (E) of the same bank account in the name of the Defendant after having opened the foreign exchange bank account in the name of the Defendant, in Ulsan-gu B and Dong 502, which is the Defendant’s residence, from around April 29, 2016 to around June 12, 2016, and transferred total of KRW 12,842,00 in total 67 times as shown in the list of crimes in the attached Table, and charged the same amount with the game money, and lost or refunded the amount of money by means of betting after betting the game money in advance, such as the plaque or score, before conducting various domestic and foreign sports games.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (specific transfer and documentary evidence of the case);

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, the selection of fines for criminal facts, and the selection of fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (i) Article 59 (1) of the Suspension of Sentence (i.e., a first-class senior citizen of the society who graduated from a university and graduated from the university, who is a first-class offender, and his mistake is divided, i.e., truth, and reflects the circumstances leading to the instant crime, and the scale and frequency of the crime