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(영문) 창원지방법원 통영지원 2014.06.19 2014고단47
국민체육진흥법위반
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, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall gambling in return for offering property or property benefits to persons who win at the betting ballotss or similar things.

Nevertheless, at around 02:08 on October 14, 2012, the Defendant, using a computer installed in the Defendant’s residence located in Sung-gun, Sung-gun, G, to Adid'D’, an Internet private sports earth site. On October 14, 2012, the Defendant deposited KRW 20,000 from the new bank account in the name of the Defendant to the national bank account in the name of E designated by the said site operator as the gambling fund deposit account, and deposited the corresponding game money, and the Defendant collected the corresponding game money from the said site in the form of sports games, such as domestic and foreign games, and then, he received dividends equivalent to the dividend rate, and lost the betting amount, and deposited KRW 20,000 in the same manner as above, from October 14, 2012 to July 30, 2013, the Defendant deposited the total of KRW 30,000,000 in the form of sports games.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a copy of a copy of the Account Transactions A (FFF) and a copy of the screen to the site of this case;

1. Article 48 subparagraph 1 of Article 48 and Article 26 (1) of the National Sports Promotion Act, comprehensively including the applicable law to facts constituting an offense and the choice of punishment;

1. Although the amount deposited and withdrawn from the account used by the Defendant under Article 62(1) of the Criminal Act exceeds KRW 100 million, the said amount is calculated by aggregating the money deposited and withdrawn in the course of gambling or the amount accumulated according to the result, and thus, the said amount actually possessed the said sum.

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