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(영문) 창원지방법원 2019.02.13 2018고단3009

국민체육진흥법위반(도박등)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2017, the Defendant joined the Defendant’s house located in Changwon-si B by accessing “C”, etc., using smartphones, and transferred KRW 1,00,000 to the E-bank account (F) in the name of the deposit account designated by the website operator, and received the same amount of money, and conducted private sports entertainment in a way that he receives dividends or loses the betting amount by betting on the winning book of the sports competition, such as the domestic and foreign axiss and campings provided at the above site, and by betting on the betting part of the said site. From that time to December 29 of the same year, the Defendant deposited KRW 72,538,000 in total over 79 times, such as the list of crimes, and thereafter, deposited KRW 79,538,00 in a way of betting.

As a result, the Defendant, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, was stuffed by issuing sports betting tickets or similar things and providing property or property benefits to persons who win at the betting.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on banking transactions;

1. Article 48 of the National Sports Promotion Act applicable to the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the Act on the Selection of Punishment and Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for one year or a stay of execution, two years or more, probation, 40 hours to take lectures and community service: Total amount, grounds for mitigation, such as confession, the necessity of medical treatment and protection for gambling addiction offenders, the family wife, etc.;