beta
(영문) 창원지방법원 2016.05.25 2016고단453

국민체육진흥법위반(도박등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Seoul Olympic Games National Sports Promotion Foundation and a person, other than an entrusted business entity, shall not gambling by using the act of offering property or property benefits to persons who win the results of sports promotion by issuing voting rights or a similar things to those who win the results.

Nevertheless, at around 00:39 on November 29, 2012, the Defendant opened at the Defendant’s home with Kimhae-si B, 305 Dong 1303, KRW 100,00 on the website of the private sports earth site “C and D” and wired KRW 100,000 to the account (F) designated at the Defendant’s agricultural bank account in the name of the Defendant at the above site, and filled up the corresponding game money, and connected to the “Adidi’s” to the above site “Adi” and then deposited KRW 2,00,000, KRW 1,000, KRW 1,000, KRW 100,000, and KRW 20,000, KRW 30,000, KRW 20,000 and deposited at the above site’s account from 20,0000 and KRW 30,000,000,000 from the above site.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the closure of each gambling site and the details of deposit and withdrawal transactions;

1. Article 48 of the relevant Act concerning the facts constituting an offense and subparagraph 3 of Article 48 of the National Sports Promotion Act that selects a sentence, and Article 26 (1) of the same Act (including selection of imprisonment and comprehensive punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [unfavorable circumstances] When considering the period, frequency, and the amount of money provided for the crime, the liability for the crime is not easy (or favorable circumstances]; the defendant has no criminal record of the same kind of criminal record or suspended execution; and the defendant appears to be against the defendant;