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(영문) 대구지방법원 서부지원 2016.04.27 2016고단325

국민체육진흥법위반(도박등)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall gambling in which sports promotion voting rights or things similar thereto are drawn up, which are operated by a person who is not an entrusted business entity, the Korea Sports Promotion Foundation or a national sports promotion corporation in Seoul Olympic Games.

Nevertheless, at around 03:42 on September 18, 2014, the Defendant connected the Defendant’s residence in Seo-gu, Daegu-gu, to “C”, an Internet private sports gambling site, wired KRW 5 million to the gold charging account designated by the above site operator in the name of the Defendant, and charged the Defendant with the game machine. However, the Defendant sawd the game machine in a way that the Defendant was unable to receive a refund of the said game machine if he walked with the game machine and predicted the winning of various domestic and foreign sports games.

In addition, from January 10, 2015 to January 18:13, 2015, the Defendant remitted total of KRW 338,900,000 to 67 times, such as the list of crimes in the attached Table, and stuffed by charging game money.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of a letter of transfer of the relevant case;

1. Application of Acts and subordinate statutes to arrange requests for financial transaction information, response data, and suspect transaction details;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) (including the occupation of gambling using similar acts, such as the right to vote for the promotion of sports, including the right to vote for the promotion of sports), and Article 246 (1) of the Criminal Act (including the occupation of gambling, including the occupation of gambling);

1. Articles 40 and 50 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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's period of gambling is not short, and the number of times is reasonable, and that the defendant has the same kind of power is disadvantageous.

However, there is no record that the defendant made a confession of the crime of this case against his own mistake, that there is no record of punishment more severe than the fine, or that there is any other reason.