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(영문) 수원지방법원 평택지원 2017.06.08 2017고단10

국민체육진흥법위반(도박등)등

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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

On October 14, 2013, at the defendant's house located in Pyeongtaek-si B, 103 Dong 101, the defendant sent access to the private sports earth site "C and D, and deposited KRW 300,000 to the private sports earth site's account (G) in the name of the defendant's company bank account (Account Number E), and charged the game money. At the above site, the defendant predicted the winning of various domestic and foreign sports sports games and predicted the winning of the sports games and received dividends depending on whether they were in progress, and then deposited KRW 30,00 in the private sports earth site "C and D, and deposited KRW 300,00 from the company's account under the name of the defendant, KRW 50,000 to the company's account (G) and KRW 50,000 to the company's account under the name of 250,000 to January 3, 2016.

As a result, the defendant habitually gambling using the act of providing property or property benefits to those who win the result by issuing sports promotion voting rights or similar rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a report on investigation (top page page);

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (as a whole, point of any act similar to the right to vote for sports promotion), Article 246 (2) and Article 246 (1) of the Criminal Act (as a whole, point of habitual 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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Determination of the same sentence as the disposition is based on the following circumstances as the reasons for sentencing under Article 48(2) and 48(1)2 of the Criminal Act and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

- The nature of the crime of this case does not correspond to that of this case, except that the defendant.