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(영문) 서울중앙지방법원 2018.07.26 2017고단105 (1)
국민체육진흥법위반(도박개장등)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of seven thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall gambling using any act of offering property or property benefits to persons who win the result of sports promotion by issuing voting rights or things similar thereto to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

Nevertheless, around June 7, 2015, the Defendant: (a) accessed the Defendant’s home located in Namyang-si B and 106 Dong 1303 to “C,” a private sports soil site; (b) deposited KRW 500,000 in one bank account in the name of a limited company (3017393711) designated from the above gambling site to the gambling money deposit account in the name of the Defendant’s name; (c) deposited KRW 50,00 in the same game money; (d) deposited the corresponding game money at the website in the manner of betting, such as a domestic or foreign axis, and (e) deposited KRW 10,000 from around 10 to 50,000,000 from around 15, 200 to 184,000,000 won from around 10,000 and 180,000 won from around 28,000,000 won.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. A protocol concerning the examination of suspects of public prosecution against F and G;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes on inspection letters of a server (C), site closure data (D and H), mobile phone telegram messages, crime account domains, and transaction details;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 48 subparagraph 3, 26 (1), and 53 of the Act on the Promotion of National Sports for the Selection of Criminal Proceeds (Concurrent Imposition of Imprisonment with prison labor and fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act on the suspension of execution (with respect to imprisonment);

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime repeatedly for a considerable period, and the scale of gambling money is also limited.

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