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(영문) 수원지방법원 성남지원 2016.05.20 2016고단384
국민체육진흥법위반(도박등)등
Text

A defendant shall be punished by imprisonment for six 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

No one shall gambling using a prohibited act of offering property or property benefits to persons who win the result by issuing sports promotion voting rights or things similar thereto (including the issuance through an information and communications network) to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

From November 6, 2014 to September 26, 2015, the Defendant engaged in gambling in a manner similar to “Betman.co. k”, a sports online site designated by the National Sports Promotion Foundation, in order to predict the success of various domestic and overseas sports games and to receive dividends in accordance with the results, using PC at the Defendant’s dwelling site located in Seongbuk-gu D apartment 316, Seongbuk-gu, Sungnam-si, by means of predicting the success of various domestic and overseas sports games and receiving dividends.

As a result, the defendant gambling using prohibited acts that offer 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 those who are not entrusted business operators, and gambling habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a screen of the gambling site and a letter of financial information;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the period of crime, method of crime, and the repeated crimes of the same kind;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (a comprehensive, the point of gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (a comprehensive, the point of habitual gambling);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order of community service;

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