beta
(영문) 서울서부지방법원 2017.08.30 2017고단1288

국민체육진흥법위반(도박등)

Text

A defendant shall be punished by imprisonment for four 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

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.

From April 19, 2013 to October 1, 2015, the Defendant deposited KRW 202,330,000 in total over 106 with a corporate bank deposit account (57016070704010) in the name of compliance with the following: (a) by accessing F’s “F” (G, H, I, and J), an online sports entertainment entertainment site using the Defendant’s smartphone at the site of the Internet; and (b) by visiting the number of weeks designated at the said gambling site as shown in the list of crimes in the attached Table, the Defendant deposited KRW 202,330,000 in total, as the company bank account in the name of compliance (570160707040), and (c) received the corresponding amount of the game money and provided it to the said site; and (d) received dividends in accordance with the dividend rate and, if not, did so, did so, did so by gambling.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (the details of account transactions with a national bank bank with the K, gold sand, and credit cooperatives), and application of Acts and subordinate statutes to investigation reports (the judgment of the relevant case);

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, the selection of punishment for a crime, and the selection of imprisonment;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is that the defendant puts up approximately KRW 22 billion in total for 2 years and 6 months of gambling prohibited under the Act on the Promotion of National Sports. In light of the period of gambling and the amount of gambling, the fact that the contents of the crime are not less and less than that of the defendant is disadvantageous to the defendant.

However, the defendant recognized the facts of the crime of this case and opposed to the mistake, and it exceeds the same criminal record or suspended execution until the last day of the crime of this case.