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(영문) 광주지방법원 2016.06.22 2016고단1329

국민체육진흥법위반(도박등)

Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games and a person who is not an entrusted business entity shall not engage in an act of providing property or property benefits to persons who win at the results of sports promotion by issuing voting rights or similar things, and shall not gambling using such similar act.

On April 25, 2014, the Defendant: (a) deposited KRW 500,00 in the bank account in the name of the bank in the name of the Seoul Olympic Games Foundation and a similar sports soil site opened by a person other than an entrusted business entity; (b) deposited KRW 500,000,00 in the bank account, and (c) purchased similar sports promotion voting rights in the manner of receiving dividends in accordance with the results of the games.

In addition, from around that time to November 6, 2015, the Defendant purchased the right to vote for the promotion of similar sports in total of KRW 490,010,000 through 396 times, such as the list of crimes in the attached list of crimes.

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. Shelling off the gambling site (D) and cutting off the screen and gambling site (E).

1. Details of deposit and withdrawal transactions (A) the application of Acts and subordinate statutes;

1. Comprehensively taking account of the relevant legal provisions and the choice of punishment for the crime, the Defendant continues to perform several acts falling under the name of the same crime for a single and continuous period as a single and continuous criminal intent, and the legal interests and interests from such damage are deemed to be the same, each act of the Defendant constitutes a single comprehensive crime (see, e.g., Supreme Court Decision 2013Do10467, Nov. 28, 2013). Subparagraph 1 of Article 48 and Article 26(1) of the former Sports Promotion Act (Amended by Act No. 12348, Jan. 28, 2014); each act of the Defendant constitutes a single comprehensive crime (see, e.g., Supreme Court Decision 201Do1067, Apr. 25, 2014).