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(영문) 인천지방법원 2016.05.12 2016고단948
국민체육진흥법위반(도박등)등
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

No person, other than an entrusted business entity, shall engage in an act of offering property or property benefits (hereinafter referred to as "similar act") or gambling using the same to a person who has issued (including the issuance through an information and communications network) sports promotion voting rights or others similar thereto to the Seoul Olympic Games or issued (including the issuance through an information and communications network).

Nevertheless, from December 16, 2013 to October 5, 2015, the Defendant subscribed to a member on the D site operated by the Defendant’s home located in the Namdong-gu Incheon Metropolitan City B and 201, which is an illegal sports soil site operated by C, etc., and deposited in the E-name bank F account, etc. used on the said website, and predicted the result of the use of filled cyber money in advance, such as a stable, deaf-gu, and air exhaust, and predicted the result of the use of filled cyber money in advance. If the result meets, the Defendant deposited 342,170,000 won in total over 260 times in the manner of receiving the same dividend as the betting amount, and at the same time, the Defendant’s act of receiving KRW 409,686,650 in total by means of 141,60 in accordance with the result of the betting event, and at the same time prohibited the Defendant’s gambling by taking advantage of the aforementioned method.

Summary of Evidence

1. Statement by the defendant in court;

1. The screen of the D site;

1. Application of the statutes on a copy of the response to financial transactions and the details of financial transaction information;

1. Article 48 of the relevant Act on the facts constituting an offense, Article 48 subparagraph 3 of the National Sports Promotion Act, Article 26 (1) (a) of the same Act (a point of gambling using prohibited similar acts), and Article 246 (2) of the Criminal Act (a point of habitual gambling) (a decision of imprisonment, respectively);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds) is the background and content of the instant crime, and the frequency and frequency of the instant crime.

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