beta
(영문) 춘천지방법원 강릉지원 2016.02.17 2015고단1367

국민체육진흥법위반(도박등)

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

A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall not issue sports promotion voting rights or things similar thereto (including the issuance through an information and communications network) and provide property or financial benefits to persons who win the result, and shall not gambling using such prohibited acts.

Nevertheless, the Defendant, at around 23:00 on December 29, 2012, deposited 100,000 won in one bank account (number: D) in the name of the Defendant in the name of the Nonghyup Bank (hereinafter “C”) in the name of the Defendant, by using a mobile phone at around 23:0,00 and by accessing 10,00 won in the name of one bank account (number: F) in the name of E (hereinafter “C”) in which sports games, such as domestic and foreign professional axis and professional deaf-gu, are displayed.

In addition, from the date of the foregoing game money to April 2014, the Defendant 200 won deposited KRW 322,950,000 in total on 533 occasions, such as the above E (Limited) account, as shown in the daily list of crimes, carried out gambling in a private sports sports venue, such as a domestic or foreign axis, camping district, etc., which was provided on the said website, and received dividends in accordance with the result, the Defendant 2 32,950,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on search and seizure inspection warrant, one copy of a search and inspection warrant, and reporting (a list of crimes and screen page of the site);

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. Article 62(1) of the Criminal Act is not less than 62(1) of the suspended sentence (i.e., the violation of the law and the absence of a criminal record of the suspended sentence).