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(영문) 대전지방법원 서산지원 2016.08.30 2016고단496

국민체육진흥법위반(도박등)등

Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

No person, other than an entrusted business entity, shall issue (including the issuance through an information and communications network) sports promotion voting rights or things similar thereto and provide property or property benefits to persons who win the result thereof, and gambling by using such prohibited acts.

Nevertheless, at around 02:17 on November 28, 2012, the Defendant: (a) deposited 20,000 won in the name of a bank account (F) in the name of an illegal private sports soil site using smartphones; and (b) deposited 20,000 won in the name of one bank account (F) used at the above site using smartphones; and (c) predicted in advance the outcome of the sports games, such as domestic and foreign axiss, campings, campings, fishing implements, and farming implements; (d) performed the betting by using charged cyber money; and (e) received dividends equivalent to the amount of the betting amount from that time to November 14, 2015; and (e) deposited KRW 1,934 in the total amount of the betting amount; and (e) deposited KRW 204,205,2050; and (e) deposited the betting amount from that time in accordance with the attached list, from that time to November 14, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. On the website screen and a list of crimes;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (as a whole, the point of gambling using similar voting rights for the promotion of sports), Article 246 (2) and Article 246 (1) of the Criminal Act (as a whole, the point of habitual gambling);

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

1. Selection of the penalty (the period of gambling is a prolonged period and frequency).