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(영문) 서울북부지방법원 2016.04.01 2016고단418
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 shall provide 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, and gambling using such prohibition.

Nevertheless, around October 13, 2013, the Defendant: (a) connected to the store located in the Dongdoo-ro, Guro-gu, Seoul Metropolitan Government, on the 9th floor of Dongdoo-gu, and deposited KRW 300,000 into the above site deposit account; (b) deposited KRW 300,000 into the above site deposit account; and (c) predicted the winning and points of the sports games, such as the axis; and (d) deposited money by means of receiving dividends from cyber money and receiving it again depending on the progress of the games; and (e) deposited KRW 6949,410,000 in total with nine accounts, which are the operation account of the private sports soil site, including the list of crimes, from around that time to October 2, 2015, the Defendant deposited KRW 694,410,000 in total.

As a result, the Defendant used the act of providing property or property benefits to those who win the result by issuing sports promotion voting rights or similar things to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of data-related Acts and subordinate statutes;

1. Article 48 Subparag. 1, Article 26(1) of the National Sports Promotion Act (amended by Act No. 12348, Jan. 29, 2014); Article 48 Subparag. 3, Article 48 and Article 26(1) of the National Sports Promotion Act (amended by Act No. 12348, Jul. 28, 2014; hereinafter referred to as “violation of the National Sports Promotion Act”); each national sports promotion Act; Article 48 Subparag. 3, and Article 26(1) (including a violation of the National Sports Promotion Act committed after July 29, 2014; hereinafter referred to as “crime list”); each of the choice of imprisonment.

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. Article 62 of the Criminal Act:

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