국민체육진흥법위반(도박등)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No one shall gambling by using a prohibited act of offering property or property benefits to persons who win the result by issuing sports promotion voting rights or things similar thereto (including the publication through an information and communications network) to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.
around 15:43 on September 21, 2015, the Defendant received dividends according to the fixed dividend rate if he predicted the result of the games, such as the axis provided at the above site, and predicted the result of the games, and displayed the result of the games, he / she received dividends in accordance with the fixed dividend rate. From around the above day of day to February 11, 2016, the Defendant 50,000 won through a mobile phone from the Defendant’s dwelling site “D or E” to the new bank G account in the name of F, each of the above site operation accounts, and then transferred 50,000 won to the e-mail account in the above site’s name. At the same time, the Defendant used the above 627-day method, such as the daily list of crimes, and used the above 168,360 won for gambling at the same time.
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 criminal investigation report (to be accompanied by a website);
1. Gambling site (D or E) fix the screen of the gambling site;
1. A list of crimes;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime and the fact that the same kind of crime has been committed in a planned number of times;
1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea; Article 26 (1) of the same Act on the facts constituting an offense; Article 246 (2) and Article 246 (1) of the Criminal Act;
1. Article 40 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation: The frequency and amount of gambling committed by the defendant are not so significant.