beta
(영문) 대구지방법원 2016.04.29 2016고단655

국민체육진흥법위반(도박등)등

Text

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.

Reasons

Punishment of the crime

No person, other than an entrusted business entity, shall engage in an act of offering property or property benefits (hereinafter referred to as "similar act") or gambling using the same to a person who has issued (including the issuance through an information and communications network) sports promotion voting rights or others similar thereto to the Seoul Olympic Games or issued (including the issuance through an information and communications network).

However, from October 1, 2014 to September 16, 2015, the Defendant joined the Defendant’s residence located in Daegu Dong-gu B B lending 303 with the sports territory, as a member of the Korea Sports Promotion Agency’s illegal private sports territory site “C” and “D,” respectively, and opened the Defendant’s name Nonghyup Bank account (Account Number: E), F Name Nonghyup Bank Account (Account Number: G), H Name Nonghyup Bank Account (Account Number:Account Number): H Name Nonghyup Bank Account (Account Number: I), and the Daegu Bank Account (Account Number:Account Number) Account (Account Number): Deposit KRW 1,059,080,000 in total from the account designated by the said website operator to the account designated by the said website operator, and received a corresponding share of KRW 713 times in total, and received a corresponding share of dividends from the said sports site and received a corresponding share of money and received a corresponding share of dividends from the sports site, and thereafter, paid the amount of dividends.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the screen of the illegal site closure, details of deposit and withdrawal transactions, investigation report (report on the calculation of an additional collection charge) and front copy of each passbook submitted by the suspect;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and repeated crimes of the same kind;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea (referring to gambling using similar acts), Article 26 (1) (referring to gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (including habitually gambling; hereinafter referred to as "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 1.