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(영문) 인천지방법원 2016.08.26 2016고단4746
국민체육진흥법위반(도박등)등
Text

A defendant shall be punished by imprisonment for six 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

No person, other than an entrusted business entity, shall engage in an act of offering property or property benefits to persons who win at the results of sports promotion by issuing voting rights or a similar things or gambling using such rights.

Nevertheless, around 01:08 on October 13, 2013, the Defendant: (a) deposited KRW 100,00,00 from the Defendant’s home in a private sports soil site via smartphone to the account in the name of one bank (Account Number E) in the name of the limited company D used at the above site; (b) deposited the game money in an amount equivalent to the amount of money deposited; and (c) predicted the outcome of the sports games, such as domestic and foreign festivals, campings, campings, distributions, and farmings offered at the above site in advance, and received dividends from the result thereof; (c) deposited KRW 110,00 from around the above date to November 12, 2015 to the above date, and deposited KRW 20,000 in the National Sports Promotion Act with the total amount of KRW 40,000,000,000 in a bank account; and (d) deposited the money deposited at the same time with the above site in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Embrying-up advertisements on the gambling site;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, etc.;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the defendant reflects himself and recognizes the crime, and that the defendant is punished by imprisonment without prison labor or more.

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