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(영문) 서울북부지방법원 2017.04.27 2016고단5921
국민체육진흥법위반(도박등)
Text

The punishment of defendants shall be six months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one, other than an entrusted business entity and the Korea Sports Promotion Foundation for the Seoul Olympic Games or an entrusted business entity, shall engage in gambling by using an act of offering property or property benefits to those who win the results of sports promotion voting rights or others similar thereto (including the issuance through an information and communications network).

On October 9, 2015, the Defendant joined the online private sports entertainment site (D) as a member, and deposited KRW 900,000 from the Defendant’s account to the account designated by the site operator to charge for gambling and deposited KRW 90,000 from the Defendant’s account, and deposited KRW 593,40,000 in total over 374 times during the period from September 6, 2016, as shown in the annexed crime daily table, and charged the money corresponding to that money. Accordingly, the Defendant was able to pay dividends in a way that receives dividends according to dividend rate if he/she gets out of the game money.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to E;

1. Application of the Acts and subordinate statutes attached to documents, such as details of account transactions by the recipient, gambling sites, etc.;

1. Article 48 subparagraph 3 of the Act and Article 26 (1) of the National Sports Promotion Act of the year;

1. Recognition of errors in the determination of punishment under Article 62 (1) of the Criminal Act;

There is no criminal history.

Although the number of times or the total size is large, gambling shall be limited.

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