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(영문) 제주지방법원 2017.02.10 2016고단2843

국민체육진흥법위반(도박등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall gambling using any act of offering property or property benefits to persons who win 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.

Around August 3, 2014, the Defendant sent 10,000 won to the Defendant’s residence located in Seopopo-si, Spo-si, the Internet private sports soil site “D” (E) and “F” (G) using a computer, and deposited 100,000 won from the Defendant’s name to the KF’s bank account (I) of the limited company (105402435) designated by the said site operator as the gambling fund deposit account, and charged the corresponding game money. The Defendant received dividends from 00,000 won, and received dividends from 0,000 won to 30,50,000 won, 250,000 won to 30,0000 won to 15,50,000 won to 30,500,000 won to 25,000 won to 25,000 won to 25,005,000 won to 25,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Gambling site’D and F’s photograph cover photograph;

1. A copy of each search and inspection warrant (the Busan District Court No. 2014- 15448, 2015- 17984, 2016- 8718);

1. Application of Acts and subordinate statutes on criminal investigation reports (the attachment of details of account transactions, page 81 of investigation records);

1. Relevant legal provisions and the choice of a sentence concerning facts constituting a crime: Each of the national sports promotion Act and Articles 48 subparagraph 3 and 26 (1) of the same Act and the choice of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62(1) of the Criminal Act (The following sentencing conditions are considered as stated in Article 51 of the Criminal Act).