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(영문) 울산지방법원 2017.03.09 2016고단4158
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 around December 9, 2014 to August 23, 2015, the Defendant opened a game money in the name of the Defendant’s spouse C Bank account (D), such as the Defendant’s spouse’s bank account (E), and then transferred KRW 164,076,00 in total to F Bank account (G) and H bank account (I) in the same new bank account (E), etc., for which the above site was charged, and deposited KRW 596 times in total, as shown in the list of crimes in the attached list of crimes, and charged the same amount with the game money. Before conducting various domestic and foreign sports games, the Defendant took the game money in a way that he loses the betting amount or is paid a dividend in the designated rate after betting the game money, in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of deposits into gambling funds;

1. Application of Acts and subordinate statutes to a report on investigation (including a report on the binding of investigation records in relevant cases) (including a reply to a request for cooperation in investigation by the National Sports Promotion Foundation of the Seoul Olympic Games, a copy of a protocol of examination of

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act, the selection of a sentence of imprisonment, inclusive, with labor for an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act is very unfavorable that the Defendant committed the instant gambling crime during the period of the suspended sentence after having been sentenced to a suspended sentence of three years in one year and six months, due to the operation of the gambling site, which is the same kind of crime.

However, even though the defendant was unable to engage in gambling due to economic difficulties, he/she voluntarily withdraws from the above site around August 23, 2015, which was prior to the recognition of the crime of this case.

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