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(영문) 의정부지방법원 2016.04.19 2016고단623
국민체육진흥법위반(도박등)등
Text

A defendant shall be punished by imprisonment for four 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

around November 2012, the Defendant subscribed to “B” and “C” as D, a website. The Defendant, at the Defendant’s residence located in “B” or the Defendant’s workplace located in “F at Nam-si, Namyang-si, visited the said website by using a mobile phone at the Defendant’s cell phone at the Defendant’s workplace located in “B” and from November 26, 2012 to November 24, 2015, deposited KRW 240,520,000 in total from the Defendant’s Agricultural Account (G) deposit account in the name of “B” and deposited KRW 200,290,000,000, and collected money from KRW 200,29,000,000, and did not lose the amount of betting money by means of a sports game game, such as a domestic or foreign way of payment rate, etc.

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. Statement by the defendant in court;

1. A report on internal investigation (on the website screen and a list of crimes);

1. Water by cutting off the screen of the gambling site (B);

1. Water by cutting off the screen of the gambling site (C);

1. Details of transactions of deposits and withdrawals (A);

1. Habituality of the judgment: Application of Acts and subordinate statutes recognizing dampness in light of the following factors: Each crime committed in the judgment, the period and frequency of the crime, the method of the crime, the size of the board money, and access to the site almost every day; and

1. Article 246 (2) and Article 246 (1) of the Criminal Act (referring to gambling and gambling using similar acts, including gambling and gambling) concerning a crime under Article 48 subparagraph 3 of the relevant Act and Article 26 (1) of the National Sports Promotion Act (Habitual gambling and gambling)

1. Punishment imposed on a person who violates the provisions of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on a person who violates the National Sports Promotion Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act:

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