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(영문) 부산지방법원 2016.2.3.선고 2015고단7774 판결

국민체육진흥법위반

Cases

2015 Highest 774 Violation of the National Sports Promotion Act

Defendant

1. A;

2. B

3. C.

4. D;

Prosecutor

Kim Young-Nam (Court of Prosecution), screening (Court of Justice)

Defense Counsel

Attorney E (Defendant A)

Law Firm F, Attorney G in charge (Defendant B)

Law Firm H, Attorney I in charge (Defendant D)

Imposition of Judgment

February 3, 2016

Text

Defendant A and C shall be punished by imprisonment for 10 months, by imprisonment for 1 year, and by imprisonment for 6 months, respectively.

However, with respect to the Defendants, the execution of the above sentence is suspended for two years from the date when this judgment became final and conclusive. The amount of KRW 18 million from Defendant A, KRW 20 million from Defendant B, KRW 17 million from Defendant C, and KRW 9 million from Defendant D shall be collected respectively.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Reasons

Criminal History Office

The Defendants were eligible for the issuance of sports betting tickets from 2013 to 2014, and served as a J professional trial, an athletic event constituting specialized sports. The players, managers, coaches, referees of an athletic event subject to the issuance of sports betting tickets and executives and employees of an athletic affiliate shall not receive, request, or promise any property or property benefits in return for an unlawful request in connection with the athletic event subject to the issuance of sports betting tickets, and players, managers, coaches, referees of an athletic event subject to specialized sports and executives and employees of an athletic affiliate shall not receive, request, or promise any property or property benefits in return for an unlawful request in connection

1. Defendant A

On August 22, 2013, the Defendant received two million won in cash, along with an illegal solicitation that “as a professional axis judgment, a request for a favorable judgment in the event of being entrusted with the chief of the M competition in the future” from N, which is the cocoin of the company M (hereinafter referred to as “M”), at K at the time of the racing, and acquired it from September 22, 2014, in total five times in total, as shown in the list of crimes in the attached Table, from September 2014.

2. Defendant B

On August 31, 2013, the Defendant: (a) on board a P Building 0, which is located in the window 0 of Changwon-si, on the back side of the P Building, and acquired a total of KRW 20 million from the foregoing N with an illegal solicitation to the effect that “in view of the judgment favorable to M, the Defendant received KRW 3 million in cash, along with an illegal solicitation to the effect that “a request for judgment favorable to M is made; and (b) from that time, the Defendant acquired it by receiving a total of five times in total, as shown in Appendix II, with an illegal solicitation.

3. Defendant C.

On March 8, 2014, the Defendant received and acquired a total of KRW 17 million from September 7, 2013 to December 2, 2014, together with an illegal solicitation to the effect that “as a judicial decision in 2014, in the event of being in charge of the chief jurisdiction of M competition in the future, the Defendant was issued a cash of KRW 5 million, along with an illegal solicitation.” From September 7, 2013 to December 2, 2014, the Defendant received and acquired the total of KRW 17 million, in total, five times together with an illegal solicitation, as shown in the list of crimes.

4. Defendant D

On September 27, 2013, the Defendant received three million won in cash, along with an illegal solicitation to the effect that “a request to make a favorable judgment in M as an adjudication of a axis of inland M and Q” from N, M, M, and acquired it, while eating at a S restaurant located in the Republic of Korea, Gyeong-gun, Gyeongnam-gun. From that time to August 2, 2014, the Defendant received and acquired the total amount of nine million won in total at least four times, such as the statement in the list of crimes IV, from that time to August 2, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol on Defendants and T

1. Each prosecutor's protocol of statement against N, T, or U;

1. A written statement of the N;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 5, 6, 10, 15 through 19, 21, 23, 24)

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 48 subparag. 4 and 26(3) of the former National Sports Promotion Act (Amended by Act No. 12348, Jan. 28, 2014); Articles 48 subparag. 2 and 14-3(1) of the National Sports Promotion Act ( Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Additional collection:

Article 51(3) and (2) of the former National Sports Promotion Act (Amended by Act No. 12348, Jan. 28, 2014); Article 51(3) and (2) of the National Sports Promotion Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act provides that the crime of this case in which the defendants, who are the J professional referee, received money and valuables, along with an illegal solicitation to request the judgment favorable to the professional axis cocos, etc. shall be punished strictly due to the serious damage to the spirit of sports that is not the result of the game, thereby undermining the trust in the professional axis of the general public and hindering the sound development of sports. However, the defendants shall be punished strictly due to the very poor nature of the crime. However, the court shall decide as per the disposition, by comprehensively taking into account the following factors: (a) it is difficult to readily conclude that the defendants actually conducted an unfair judgment upon the illegal solicitation; (b) the size of the amount of money received; (c) the motive and background of the crime of this case; and (d) the age

Judges

Judges Kim Jae-young