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(영문) 서울동부지방법원 2017.05.17 2017고단302

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

On April 11, 2016, the Defendant: (a) accessed various sites, such as “C,” and “D, exchanging game money; (b) deposited KRW 90,000 to the account used by the said website operator; (c) deposited the corresponding game money; (d) anticipated the result of the overseas and various domestic sports games in advance; (e) obtained dividends according to the dividend rate; and (e) deposited the said money in the way of determining the winning on the winners by means of a fixed line of winning that would not be refunded without being refunded; and (e) deposited KRW 56,585,85,985,85,98,00 in total from January 1, 2017 to October 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs by cutting down the website;

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 stay of execution (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 2011; Supreme Court Decision 201Da1448, Apr. 21, 201; Supreme Court Decision 201Da1448, Apr. 1, 2

1. Grounds for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures (see, e.g., grounds for suspended execution);