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(영문) 창원지방법원 통영지원 2016.04.29 2016고단199

국민체육진흥법위반(도박등)

Text

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

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

Reasons

Punishment of the crime

No person shall gambling using any property or property interest (hereinafter referred to as "a similar act") for a person who has correctly predicted the result of sports promotion by issuing voting rights or similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

Nevertheless, at around July 16, 2013, the Defendant subscribed to D’E on its own website, a website that connects the illegal private sports soil site by using a computer installed therein, and deposited KRW 200,50,000 from the Defendant’s name bank account to H’s account under the name of H designated by the above site operator, and deposited KRW 20,50,00,000, from which the Defendant received the corresponding game money. The Defendant deposited KRW 218,250,000 in total from around 72 times until October 2, 2015, as indicated in the attached list of crimes, and deposited KRW 25,000,000,000 from around 75,000 to around 10,508,000,000,000 won received by using the same kind of betting and other similar acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Details of each account transaction, gambling site, account-related details, and the application of statutes on warrant reply data;

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act concerning the selection of a sentence;

1. Article 62 (1) of the Criminal Act on the suspension of execution (which is against the defendant);

to be considered for the first offense, etc.

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;