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(영문) 인천지방법원 2016.06.16 2016고단2314

국민체육진흥법위반(도박등)등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person, other than an entrusted business entity, who is a national sports promotion corporation and a person who is not an entrusted business entity, shall not engage in a similar act to provide property or property benefits to persons who win the result by issuing voting rights for sports promotion or others similar thereto, and no person shall gambling by using such similar act.

On June 26, 2014, the Defendant deposited KRW 1,00,000 in the gambling charging account designated by the operator of the above site using a new bank account (D) in the name of the Defendant at the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government B apartment house 2, 810, and deposited KRW 1,000,000 for the gambling charging account designated by the operator of the above site, and then predicted various domestic and foreign sports games and predicted the success of the sports game and brought the dividend according to the failure, and thereafter, the Defendant discussed an unlawful sports debate by paying KRW 273,60,000 in total over 219 times from around that time to August 6, 2015, as indicated in the attached list of crimes.

As a result, the defendant saw gambling by using similar acts, such as the issuance of sports promotion voting rights, and habitually gambling at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the relevant transaction using the recipient;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the history of crime, period, method and frequency of crime, etc.;

1. Article 48 of the relevant Act on the crime, Article 48 subparagraph 3 of the National Sports Promotion Act, Article 26 (1) of the same Act (in all cases, the point of gambling using similar acts), and Article 246 (2) and Article 246 (1) of the Criminal Act (in all cases, the point of habitual gambling);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding the observation of protection and the order to provide community service and attend lectures is that the defendant habitually gambling through the Internet site of the sports soil for a long time, and the frequency and the scale of gambling is considerable.