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(영문) 인천지방법원 2016.07.14 2016고단3171

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

Around 12:50 on January 1, 2014, the Defendant visited the Internet illegal sports gambling site B, and deposited KRW 200,000 from the PC account (Account Number: C) under the name of the Defendant, to the credit union account (Account Number: E) in the name of the said site operator registered as the gambling deposit account, and deposited KRW 200,00 in the same game money corresponding thereto, and paid for the corresponding game money in Korea and abroad, and received dividends in accordance with the games. From around that time to January 17, 2016, the Defendant deposited KRW 212,270,000 in the above sports site account as shown in the attached list of crimes.

As a result, the defendant, using acts similar to the issuance of sports promotion voting rights, gambling and gambling at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (the confirmation of selection of a person who commits large gambling, the amount of which is at least 100 million won);

1. Application of Acts and subordinate statutes to closure data on the screen of the gambling site;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (a comprehensive, the point of gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (a comprehensive, 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 reasons for sentencing of Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, are habitually gambling through the Internet site of an illegal sports soil for a long time. The frequency and the amount of gambling are significant, there is no record of punishment exceeding the fine imposed on the Defendant, and other records, such as the Defendant’s age, occupation, sex and behavior, environment, the background and motive leading to the instant crime, and the circumstances before and after the instant crime.