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(영문) 부산지방법원 2016.02.17 2015고단8060
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution on November 18, 2015 for violating the Act on the Punishment, etc. of Acts, such as brokerage, etc. of sexual traffic, at the Busan District Court.

Around February 19, 2012, the Defendant subscribed to E, a private sports earth and entertainment site located in Gwanak-gu, Busan, and deposited KRW 1,400,00 with H’s account designated by the Defendant’s name (F) and the Busan Bank account (Account Number: G), and deposited KRW 1,400,000 with H’s account designated by the operator of the said sports earth and entertainment, and displayed the results of various domestic and overseas sports games by receiving a charge for the game money, and received a certain percentage of dividends depending on whether or not the money was fit, and also deposited KRW 257,594,900 in total over 407 times from that time to June 8, 2013, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A statement of the details of each deposit transaction and a statement of savings deposit transactions;

1. Previous conviction: Application of investigation reports (verification during the period of probation)-related Acts and subordinate statutes;

1. Article 48 Subparag. 1 and Article 26 Subparag. 1 of the former Sports Promotion Act (amended by Act No. 12348, Jan. 28, 2014) (amended by Act No. 12348, Jan. 28, 2014);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is imminent by the Defendant using the Internet’s private sports soil site as above. In light of the period of the crime, the amount of the crime, etc., the nature of the crime is not weak.

However, the fact that the defendant is against the defendant, the case that the defendant is judged at the same time as the above crime that became final and conclusive, and the fact that the defendant's age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime are all other circumstances that form conditions for sentencing.

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