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(영문) 서울남부지방법원 2016.04.22 2016고단561
국민체육진흥법위반(도박등)
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 gambling in the form of providing property or property benefits to persons who win the result of sports promotion by issuing voting rights or similar things to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

Nevertheless, from October 10, 2013 to November 24, 2015, the Defendant displayed 325,164,085 won on a total of 959 occasions, including, but not limited to, linking the Defendant’s residence in Gangseo-gu Seoul Metropolitan Government B and 302 with the mutual sports hosting sites of “C” and “D,” and displaying the success of professional sports, such as domestic professional axis, by means of receiving money according to the dividend rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment to the website screen and crime watch);

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act that choose a sentence ( comprehensively, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and the period of gambling, frequency, size of gambling funds, etc., the liability for the crime is not weak, and the defendant has previously been sentenced to a fine of KRW 500,000 due to the crime of aiding and abetting gambling.

However, the defendant would not go against the crime of this case in the future.

The execution of imprisonment shall be suspended in consideration of the fact that there is no previous conviction or more than the suspension of execution, the favorable circumstances, and other conditions of sentencing as shown in the records and changes, but the community service order shall be added in order to increase the awareness of sound labor, and the sentence shall be determined as the same as the order.

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