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(영문) 서울중앙지방법원 2017.05.26 2017고단2203

국민체육진흥법위반(도박등)

Text

A defendant shall be punished by imprisonment for six 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.

Reasons

Punishment of the crime

around December 19, 2015, at the Defendant’s house located in Seoul, Gangnam-gu and 1204, the Defendant accessed D’s online sports venue through a cell phone or computer to “C” (hereinafter “C”). The Defendant deposited KRW 3,00,000 with a company bank account in the name of the Defendant’s new bank account designated by the said site operator as the gambling fund deposit account from the new bank account in the name of the Defendant, and deposited KRW 3,00,000 to the company bank account in the name of the said site, and deposited KRW 3,00,000,000 in the name of the company in the name of the said site. The Defendant was paid cyber money at a fixed rate of 0,000 if meeting the results of the games, and 3,000,0000 won and 4,000 won and 7,000 won and 7,000 won and 7,000 won.

Accordingly, the defendant, by issuing things similar to the sports promotion voting rights and providing property or property benefits to those who correctly predicted the result, was gambling by using the Internet sports soil site that provides property or property benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of bank transactions;

1. Application of video-related Acts and subordinate statutes on the screen of the closure of a sports gambling site;

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act, comprehensively including the relevant legal provisions and the choice of punishment for a crime;

1. Article 62(1) of the Act on the Suspension of Execution (the short term of gambling) provides that the amount of gambling funds is not much much than the amount of gambling funds, but the defendant has no record of being punished for the same crime or of being sentenced to a suspended sentence or heavier punishment, and has led to confession of the crime.