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(영문) 의정부지방법원 2016.06.01 2016고단619
국민체육진흥법위반(도박등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On September 1, 2013, the Defendant subscribed to “C” (D, E,F, and G), a site for illegal sports discussions, and deposited KRW 913,870,000 over 729 times in the Defendant’s name bank account (I) from September 13, 2013 to August 9, 2015, the Defendant deposited KRW 10 in the Defendant’s name bank account (K), such as one bank account in the name of one bank (K), and deposited KRW 189,40,000 over 414 to receive KRW 189,40,000,000 and received money for various domestic and foreign sports games and received money in advance and lost money, if money is not paid in an excessive way.

As a result, the Defendant habitually stuffed with gambling, and at the same time, the Seoul Olympic Sports Promotion Foundation and a person, other than an entrusted business entity, issued voting rights for sports promotion or similar things and provided property or property benefits to those who correctly predicted the result.

Summary of Evidence

1. A report on internal investigation by Defendant’s legal statement (around the commencement of internal investigation - an gambling actor, written opinion);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the history of crime, period, method and frequency of crime, etc.;

1. Subparagraph 3 of Article 48 of the Act on the Promotion of National Sports of Korea and Article 26 (1) of the same Act on the facts of crime (as a whole, point of a similar sports discussed) and Article 246 (2) and Article 246 (1) of the Criminal Act on the facts of crime (a habitual point of gambling);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1)(the following favorable circumstances) of the Criminal Act (hereinafter “Suspension of Execution”) is that the Defendant habitually stuffed on the Internet site of an illegal sports soil for a long time, and the number of times and scale of the gambling, etc. are heavy.

Moreover, the defendant has been punished for habitual gambling.

However, the defendant recognizes all his mistake and reflects it.

one fine.

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