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(영문) 인천지방법원 부천지원 2016.07.07 2016고단1301

국민체육진흥법위반(도박등)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2012, the defendant, who had been sentenced to suspension of indictment by a branch office of the Incheon District Public Prosecutor's Office as a crime of gambling on July 4, 2012, shall not engage in gambling using prohibited similar acts (including issuing (including issuing through an information and communications network) under the Promotion of National Sports Act, and no person, other than an entrusted business entity, shall engage in gambling by issuing (including issuing (including issuing through an information and communications network) the right to vote for sports promotion or others similar thereto) and offering property or property benefits to those who win

Nevertheless, at around 22:51 on November 26, 2012, the Defendant deposited 50,000 won from one bank account (Account Number: 677-91008-34304) in the name of the Defendant’s bank account in the name of an enterprise bank (Account Number) in the name of the Defendant, by using a computer installed in the office located in the office of Orcheon-gu, Orcheon-gu, Orcheon-si, B, and by accessing the illegal private sports gambling site D, E, etc. using a computer, and then received dividends in accordance with the result of paying dividends.

In addition, from that to May 13, 2015, the Defendant deposited 214,490,000 won through 14 accounts, such as the entry in the list of crimes in attached Form C offices, from that to that of the above C offices from that to that of May 13, 2015.

As a result, the defendant habitually gambling using similar acts prohibited under the National Sports Promotion Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the internal investigation report (on the website screen and crime display), and the website screen;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of penalty;