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(영문) 서울중앙지방법원 2018.10.18 2018고단5121
국민체육진흥법위반(도박등)
Text

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

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

Reasons

Punishment of the crime

No person who is not an entrusted business entity or the Korea Sports Promotion Foundation for the Olympic Games or a person who is not an entrusted business entity shall gambling in which property or property benefits are provided by taking advantage of the results of sports promotion voting rights or others similar thereto.

Nevertheless, around April 4, 2013, the Defendant visited “B (C, D, E, and F)” (hereinafter “B”) the Internet illegal sports soil site at the Defendant’s residence where it is difficult to know the location below Eunpyeong-gu Seoul, and deposited KRW 3,000,000 to H’s corporate bank account (G) in the name of the Defendant’s bank account (G) that received the said site’s gambling money from the said site, and received a refund money again depending on whether it is reasonable or not.

In addition, the Defendant deposited 1,280,530,000 won in total over 332 times from that time until October 2, 2015, in the account deposited with the gambling funds of the above site as shown in the list of crimes attached hereto, and the summary of evidence was found to have taken advantage of the results of sports promotion voting rights or others similar thereto and received economic benefits.

1. Statement by the defendant in court;

1. Each investigation or internal investigation report (including attached documents);

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning facts constituting an offense;

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. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act, taking into account the fact that the suspension of execution (the first offender is a second offender and the depth is reflected, etc.);

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