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(영문) 서울서부지방법원 2017.09.19 2017고단1488
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for four 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 shall gambling by using property or property benefits to a person who has correctly predicted the result of sports promotion by issuing voting rights or a similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

Nevertheless, from August 31, 2013 to September 11, 2015, the Defendant subscribed to “G” as a member of “B (C, D, E, and F)”, a private sports soil site, using a computer or portable phone at an insular site, from around August 31, 2013 to around September 1, 2015, and then transferred KRW 512,370,000 in total to the bank account of H (I) of the above gambling site deposit account as shown in the attached crime list of crimes in the attached Form, and used for gambling at a total of 140 times, and used for gambling by charging the game money in total, and by predicting the result of the failure on board the sports games, such as the stable, farming district, backage, and backage provided at the above site in advance, and by paying the betting money in the way of paying dividends if the amount of dividends exceeds the distribution rate.

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. Financial transaction details and reports on results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence List 7);

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act and the selection of imprisonment with prison labor for the crime;

1. All elements of sentencing should be taken into account, such as the confession and reflection of the reasons for sentencing under Article 62(1) of the Criminal Act, the fact that there is no record of the same crime, the scale and period of the crime, the age of the defendant, sexual conduct, environment, etc.

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