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(영문) 전주지방법원 2016.06.23 2016고단422

국민체육진흥법위반(도박등)

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

No one shall gambling by using property or property benefits to a person who has correctly predicted the result of sports promotion by issuing voting rights or a similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

From June 24, 2013 to September 18, 2015, the Defendant deposited KRW 447,320,000 in total with 12 accounts, such as the National Bank Account (M) in the name of the Defendant in the name of the Defendant, after accessing the E office located in Jeonjin-gu, Jeonjin-gu, Jeondong-si, the Internet private sports earth site (G, H, I, and J) from the F site (K) to the members of the Internet private sports earth site in the name of the Defendant, and deposited KRW 47,320,00 in total over 385 times, as shown in the list of crimes in the attached Table. In the event that the result of the sports games, such as the domestic and foreign axiss, campings, etc. posted on the above site, were displayed, the Defendant did not receive dividends according to the dividend rate and lose the amount of dividends if not distributed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report [Attachment of a report on the commencement of internal investigation - a copy of gambling actor (including a copy, hereinafter referred to as “ad hoc”) and a statement of accounts in use] shall be subject to legislation;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) [Article 48 of the same Act on the crime committed before July 28, 2014] the former Sports Promotion Act (amended by Act No. 12348, Jan. 28, 2014) for the same year

7. Subparagraph 1 of Article 48 and Article 26 (1) shall apply, or choice of imprisonment, respectively) of Article 48;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The instant crime on the grounds of sentencing Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is highly likely to be subject to criticism by the Defendant, taking large amounts of money over a long period of time.

However, it is heavier than that of the same crime or fine.