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(영문) 대구지방법원 2016.04.07 2016고단27
국민체육진흥법위반(도박등)등
Text

A defendant shall be punished by imprisonment for four 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 engage in an act of offering property or property benefits to persons who win the result of issuing (including issuing through an information and communications network) sports promotion voting rights or things similar thereto or gambling using such rights.

Nevertheless, on July 5, 2014, the Defendant joined the Defendant’s residence in Daegu Jung-gu B and 201, and deposited KRW 600,00 in cash with the National Bank account (F) in the name of the E used at the above site, etc., and deposited KRW 600,00 in cash, etc., and predicted the result of the sports games, such as the stable, deaf-gu, and fishing exit, in advance, and predicted the result of the betting using the charged cyber money, and conducted gambling by means of receiving the same dividend as the amount of the betting amount, from that time to June 25, 2015, the Defendant deposited KRW 66,750,000 in total over 31 times as shown in the attached list of crimes (A), and refunded KRW 310,00 in total,106,100 in total,171,100 won in accordance with the result of the betting.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the letter of financial transaction information;

1. Application of Acts and subordinate statutes on the gambling site screen;

1. Article 48 of the relevant Act on the facts constituting an offense, Article 48 subparagraph 3 of the Act on the Promotion of National Sports for the Selection of Punishment, Article 26 (1) (referring to gambling and gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (including habitually gambling, and inclusive thereof);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The period of the Defendant’s gambling for the reason of sentencing under Article 62(1) of the Criminal Act is the long-term period and frequency. However, the Defendant’s confession of the instant crime and reflects his mistake, the Defendant has no record of committing a crime, and the age and frequency of the Defendant.

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