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(영문) 부산지방법원 동부지원 2016.05.16 2016고단246

국민체육진흥법위반(도박등)등

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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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million as a crime of habitual gambling in the Busan District Court, KRW 7 million as a crime of violating the National Sports Promotion Act, and KRW 2 million as a crime of violating the National Sports Promotion Act at the Daejeon District Court on November 15, 2013, and KRW 2 million as a crime of violating the National Sports Promotion Act at the Daejeon District Court on June 1, 2015. On February 24, 2016, the Defendant was sentenced to a summary order of KRW 3 million as a crime of violating the National Sports Promotion Act (Gambling, etc.).

Criminal facts

On April 21, 2014, the Defendant: (a) connected the Busan Shipping Daegu Apartment and the Defendant’s residential premises located in the 203 Dong Dong 504 to its membership; (b) deposited KRW 3,00,000 into the National Bank Account (E) in the name of the Defendant’s corporate bank account in the name of the Defendant into the National Bank Account in the name of D’s name designated at the above gambling site; (c) received money corresponding thereto; and (d) received money as a result of the winning of various sports games conducted at home and abroad; and (d) received dividends depending on the result, from April 21, 2014 to October 5, 2015, the Defendant deposited KRW 478,758,790,000 in the attached list of crimes; and (d) deposited KRW 63,600,000 in the name of the Seoul Sports Promotion Foundation or a person who received financial benefits from the Korea Sports Promotion Foundation or a person who received financial benefits from the Korea Sports Promotion Foundation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on investigation;

1. A copy of the letter of financial transaction information;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method and frequency of crimes, and the fact that the same kind of crime has been repeated in several times;

1. Article 48 Subparag. 3 and Article 26 Subparag. 1 of the Act on the Promotion of National Sports (including the facts of crime) concerning facts of crime