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(영문) 창원지방법원 통영지원 2017.07.12 2017고단450
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall gambling using any act of offering property or property benefits to persons who win 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, around September 14, 2015, the Defendant connected to “D”, a private sports soil, using a smartphone in the Dong of Tong Young-si, which is one’s own residence, and deposited KRW 40,000 in the account under the name of the Defendant (E) to the national bank account (G) in the name of the “F” designated by the above gambling site operators, and received the corresponding game money, and performed gambling by betting in games predicted the winning or winning of the sports games, such as a axis, which is opened at home and abroad, and by paying KRW 309,230,000 in total from around August 7, 2016, as shown in the list of crimes in the attached Form.

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 the Acts and subordinate statutes to a copy of the criminal place, a copy of the investigation attachment report, and a copy of the search and inspection warrant;

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act concerning the selection of a sentence;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (hereinafter “Social Service Order”) committed gambling by a defendant with a money of KRW 300 million over 101 times, the issue is not less than that of the case, and the fact that the defendant was punished for gambling is disadvantageous to the defendant.

On the other hand, it is against the recognition of the defendant's crime.

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