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(영문) 춘천지방법원 영월지원 2016.06.14 2016고단80
국민체육진흥법위반(도박등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 2014, the Defendant received money by multiplying the betting amount by a certain ratio, and received money from the online private sports gambling website of “B” owned by the website operators, and received KRW 2,00,000,000 from the Defendant’s title bank account, which was designated by the website operators, via PC at his own residence located in Pyeongtaek-gun, Gangwon-do around the 22th day of the same month, and deposited KRW 2,00,00,000 from the Defendant’s title account to the E-mail account, which was designated by the website operators, and predicted the winning of various domestic and foreign sports games, and received KRW 72,19,300,000 in total from the time of the betting to June 10, 2015, and deposited KRW 30,300,000,000 in accordance with the attached list of crimes.

Accordingly, even though the Defendant was unable to gambling by using similar acts that provide property or property benefits to persons 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, the Defendant habitually gambling by using such similar acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of self-financial transactions;

1. Views by capturing a gambling site;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods and frequency of crimes in the judgment;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) (the point of gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act on the crime (the point of habitual gambling);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning commercial concurrent crimes (a punishment imposed on a violation of the National Sports Promotion Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the suspended execution (the period, frequency, and frequency of the crime of this case)

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