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1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person, other than the Seoul Olympic Games National Sports Promotion Foundation or an entrusted business entity, shall provide property or property benefits to a person who has correctly predicted the results of sports promotion by issuing voting rights or a similar things, and shall do so by using such acts.
Nevertheless, at around 00:40 on December 11, 2012, the Defendant subscribed to and visited “C” the Internet illegal sports gambling site using smartphones, and deposited one million won from the National Bank Account (Account Number: D) in the name of the Defendant’s name at one bank account (Account Number: 67910808304), which is the above site’s account, to charge corresponding game money. At the same time, the Defendant deposited one million won at the same time as the one of the above site’s sports games, such as domestic and foreign festivals, camping districts, and farming districts, which are provided at the above site, and received dividends or lost money in accordance with the result of the sports games, such as the above site’s sports games, and deposited KRW 796,254,00,000,000,000 and deposited KRW 305,305,050,000,000 won, as shown in the attached crime list, and deposited it with the National Sports Promotion Act.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. An investigation report (transaction details DV storage files), an investigation report (on the website page and a list of crimes), and a criminal investigation report (on the website closure);
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness as it has been repeated for a considerable period of time;
1. Article 48 Subparag. 3 and Article 26(1) of the Act on the Promotion of National Sports of the same Act concerning facts constituting an offense (limited to gambling and gambling using similar acts, such as sports promotion voting rights), Article 246(2) and Article 246(1) of theo Criminal Act (limited to habitual gambling and gambling);
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment shall be imposed on a crime of violating the Promotion of National Sports Act heavier than that of the punishment).