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(영문) 수원지방법원 2015.04.16 2014고단7135

국민체육진흥법위반등

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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

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall gambling in use of an act of offering property or property benefits to persons who win at the result of issuing (including the issuance by means of information and communications networks) sports promotion voting rights or things similar thereto.

Nevertheless, from January 2013 to June 25, 2014, the Defendant subscribed to D and E site, which is an illegal sports soil site operated by the Seoul Olympic Sports Promotion Foundation and C, not an entrusted business entity, at his/her own residential premises located in B B 105 Dong 1102, and during the above period, deposited money with the national bank account, etc. in the name of F, which is used at the above site, such as the list of crimes in the attached Form, and received money equivalent to the amount of money deposited, and received money as a result of the betting, such as stable, farming district, distribution district, etc. using such cyber money, and received the same dividend as the amount of money in the event the result is consistent.

Accordingly, the Defendant charged cyber money equivalent to KRW 348,815,100 over 746 times in total, as indicated in the attached list of crimes, during the above period, and used the act of providing property or property benefits to a person who correctly predicted the result by issuing sports promotion voting rights or similar things to those who are not the Seoul Olympic Sports Promotion Foundation or an entrusted business entity.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (Attachment to a report on investigation intelligence, etc.), and a report on internal investigation (related to the submission of a detailed statement of transactions);

1. Application of Acts and subordinate statutes, such as the car page of the site;

1. Article 48 Subparag. 1 and Article 26(1) of the former National Sports Promotion Act (amended by Act No. 12348, Jan. 28, 2014) (generally referred to as “the act of gambling and gambling using similar activities to issue sports betting tickets”) on criminal facts, including Article 246(2) and Article 246(1) of the Criminal Act.