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(영문) 대구지방법원 서부지원 2016.06.10 2016고단317
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than an entrusted business entity, shall engage in an act of offering property or property benefits to persons who win at the results of sports promotion by issuing voting rights or a similar things or gambling using such rights.

Nevertheless, from June 11, 2013 to September 30, 2015, the Defendant: (a) opened an Internet private sports soil site “D” with the ID; (b) transferred total amount of KRW 814,100,000 to 11 accounts, such as the post office account in the name of F (G) in the name of the Defendant’s title; and (c) received the game money used for gambling by remitting total amount of KRW 814,10,000 from four accounts, such as the Bank account in the name of the Defendant’s name, to 11 accounts, such as the post office account in the name of F (G) in the name of the said gambling site; and (d) then, (e) opened the game money to be used for gambling in Korea and abroad, such as the stable and overseas stable, the deaf-gu, the port, and the camping.

As a result, the defendant, by issuing sports promotion voting rights or similar things, franchising online sports sports discussions using the act of providing property or property benefits to those who win the results.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a letter of transfer;

1. Application of Acts and subordinate statutes to the details of the deposit and withdrawal of gambling funds, the screen of the gambling site output, and the details of deposit accounts on gambling sites;

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act concerning the selection of a sentence;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Although the grounds for sentencing under Article 62-2 of the Criminal Act include the amount and frequency of the Defendant’s gambling, the amount and frequency of the Defendant’s gambling are considerably short, the Defendant’s confession of the instant crime, the first offender who has no record of criminal punishment, and other matters.

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