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(영문) 대구지방법원 서부지원 2017.12.15 2017고단1223
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for not more than ten 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 by using any act of offering 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.

Nevertheless, on September 29, 2014, the Defendant deposited KRW 100,50,00 in an account under the name of the Korean National Bank in the name of the Defendant at the Daegu Suwon-gu mobile phone office. On September 29, 2014, the Defendant visited D’s private Internet sports soil site opened by using the computer in its location, and deposited KRW 10,50,00 in the account under the name of the Defendant’s Daegu-gu bank account with KRW 76070,4276520 in the name of the Defendant, and deposited KRW 10,50 in the account under the name of the Korean National Bank in the name of T&A. The Defendant deposited KRW 30,000 in the said account by using the cyber money converted to the money deposited as such, and received dividends in accordance with the said plaque’s success. From 200 to 2005, the Defendant deposited the said cyber money in the same way as the said account opened by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning facts constituting an offense, and the selection of a sentence 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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., reflective facts, and the first offender who has no previous criminal record);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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