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
A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall not gambling by using a similar act which provides property or property benefits to persons who win the result of sports promotion by issuing voting rights or similar things.
From September 19, 2014 to July 25, 2015, the Defendant sent 637,720,000 won, in total, to 279 times from the E’s account, etc., by accessing the Defendant’s home located in Bupyeong-si, Seocheon-si, Seoul to the illegal sports soil site called “C”, “D”, as shown in the attached crime list, and transferred the distributed game money to the gambling fund, and then displayed the result of the distribution of the distributed game money on board the sports game, such as the axis and the deaf-gu, with dividends paid at the fixed dividend rate of 196 times via money exchangeing KRW 625,05,50 over 196.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on closure photographs and account transaction details on the gambling site;
1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea; Article 26 (1) of the same Act on the facts constituting an offense; Article 246 (1) of the Criminal Act;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.
5. The decision of the same sentence as the order shall be made in consideration of the fact that the defendant's reasons for sentencing under Article 62 (1) (the following favorable circumstances) of the Criminal Act reflects his fault in depth and has no record of the same kind of power.