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(영문) 의정부지방법원 2017.04.14 2017고단89
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 who is not a national sports promotion corporation or a trustee of the Seoul Olympic Games shall provide property or property benefits to persons who win the result by issuing voting rights for sports promotion or others similar thereto, and he/she shall not gambling using such prohibited acts.

From December 9, 2014 to March 15, 2016, the Defendant deposited KRW 2,357,030,000 in total amount of the betting amount over 1,297 times in the name of national bank account (Account Number: D), E’s national bank account (Account Number: F), and national bank account (Account Number: H) in the name of G with access to “B,” which is an Internet illegal gambling site, from around December 9, 2014 to around March 15, 2016, and received the money in cash by receiving the betting amount in accordance with the distribution rate at the time of the game as a result of the game.

As a result, the defendant gambling or gamblingly gambling using prohibited acts that offer property or property benefits to those who win the result by issuing sports promotion voting rights or similar things to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Application of Acts and subordinate statutes to an investigation report (not later than the B Site Operation Account General);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The frequency and amount of the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, and the fact that the defendant is able to repent of and live in good faith.

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