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(영문) 청주지방법원 2017.03.15 2016고단2897

국민체육진흥법위반(도박등)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of 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 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 gambling by using an act of offering property or property benefits to persons who win the result of sports promotion by issuing sports promotion tickets or similar things.

Nevertheless, on January 4, 2014, the Defendant subscribed to the Seocho-gu apartment B apartment house 303 Dong 505, and the mobile phone from the mobile phone to the C (domain occasional change) which is a private sports soil-related site, etc. Around January 4, 2014, the Defendant deposited KRW 100,000 in the account of the National Bank in the name of the Defendant, which is the deposit account of the above gambling site betting money, and deposited the game money in the form of a game money, and deposited it in Korea and abroad, and paid dividends in accordance with the result of the betting, such as winning, riding, and plaque, at home and abroad, to be offered at the above site, from around the above day to April 26, 2015, the Defendant deposited the game money in total of KRW 747,20,000 in the account of the National Bank in the name of the Defendant.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement investigation report (report on execution of an account warrant, result of seizure warrant execution)

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;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that gambling using the Internet illegal gambling site is detrimental to the concept of sound labor of the general public and the gambling spirit is significantly promoted, so a strict punishment is needed for eradicating.

The period of the defendant's gambling is also long, and the amount of gambling is also high.

However, it shall be considered as a factor of sentencing that the defendant reflects the defendant's mistake, and that there is no criminal conviction exceeding the fine, and it shall be taken into account the age, sex, environment, and post the crime.