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(영문) 서울북부지방법원 2016.04.01 2016고단447
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, at around 18:35 on February 5, 2015, the Defendant visited the Defendant’s residence in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, by using smartphones, deposited KRW 450,00,00 in the private sports soil site “C and D” account, and deposited KRW 450,000 in the bank account under the name of one bank, and filled in cyber money, and predicted the winning and points of the sports games, such as a axis, and received cyber money, and received it again by means of exchange, depending on the results of the games, from around that time until November 15, 2015, the Defendant deposited KRW 334,520,000 via seven accounts, including the above site’s operation account, as shown in the list of crimes.

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 Acts and subordinate statutes to the police suspect interrogation protocol to the defendant and the gambling site (C) to cover up the screen of the gambling site (D) attached thereto and to the water and the details of deposit and withdrawal transactions;

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, the selection of punishment for a crime, and the selection 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. The reasons for sentencing under Article 62(1) of the Criminal Act are against the defendant, and there is no record of being punished for the same kind of crime, due to the instant case.

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