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(영문) 창원지방법원 진주지원 2016.02.16 2015고단1160
국민체육진흥법위반(도박등)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2013, the Defendant deposited KRW 1,200,00 in one bank account under the name of the Defendant (679108304), one bank account under the name of the Defendant (679,0034) from the Agricultural Cooperative account in the name of the Defendant’s name, and deposited KRW 1,20,00 in the same game money. At the same time, the Defendant 1,20,000 won was charged with the same game money in the name of the Plaintiff’s sportsman’s residence and its surrounding PC room, etc., 101, 60,000 won was distributed to the Plaintiff’s seat of the sports, such as the open games offered at the above site, and received dividends in accordance with the result, and deposited KRW 1,20,000 from that time to January 17, 2014, and deposited KRW 30,000,000 in the name of the Defendant’s account.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a report on investigation (a copy of a warrant of search and inspection), search and seizure;

1. Application of Acts and subordinate statutes to outputs and details of deposit and withdrawal transactions on the screen of the gambling site (ACF);

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning facts constituting an offense;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant deposited the accumulated amount of KRW 96,1130,000 on 710 times at the site of the illegal sports soil site for ten months a year and gambling, and the defendant's liability for the crime of this case is not less than that of straw in light of the size and frequency of the crime.

However, in consideration of the fact that the defendant reflects his mistake, the fact that there is no other criminal records except the punishment of a fine once due to driving under drinking alcohol in 201, and other various sentencing conditions in the records of this case, such as the defendant's age, sex, family relationship, etc., and the theory of changes, the punishment shall be determined as ordered.

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