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(영문) 부산지방법원 2018.01.10 2017고단5255

국민체육진흥법위반(도박등)

Text

A defendant shall be punished by imprisonment for six months.

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

No person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall gambling by using the right to vote for sports promotion or a similar vote to provide property or property benefits to persons who win the result.

Nevertheless, on January 24, 2016, the Defendant opened to E (the Domain address is changed periodically, the site name is changed to “F” and “G”), which is an illegal gambling site, at the office of “D real estate” operated by the Defendant in Busan-gu, Busan-gu, the Defendant deposited KRW 1,000,000 from the NA’s account in the name of the Defendant, to the corporate bank account (J) account in the name of the said gambling site designated by the said gambling site, and deposited KRW 1,00,000 from the NA’s account in the name of the said gambling site to the corresponding game money, and received the corresponding game money, and then deposited it in the said game money, and then deposited it in the said game money in Korea and abroad, such as the said game money, the deaf-gu, Y-gu, and Y-gu games, etc., with the total amount of KRW 90,500,900,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to attach a copy of records of cases related to the gambling actor);

1. Details of the K account transactions in one bank;

1. A’s account transaction details and application of A’s file CD-related Acts and subordinate statutes;

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act that choose a sentence ( comprehensively, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have been imminent in excess of the betting amount of KRW 900 million from January 2, 2016 to February 2017, and the crime of this case is deemed to be bad in nature.

(b).