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(영문) 서울남부지방법원 2017.05.11 2017고단247
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 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 a similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

On July 1, 2012, the Defendant sent KRW 442,240,000,00 to the new bank account in the name of D on the same day for gambling in a way that he/she gets a share of money by accessing the online private gambling site (C) via the Internet, and then received a share of money to gambling in a way that he/she gets a share of money. By May 22, 2013, the Defendant sent KRW 42,240,00 in total to the said site as shown in the list of crimes in the attached Table by 35 times until May 22, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Account transactions;

1. Application of Acts and subordinate statutes to the defendant's statement;

1. Subparagraph 3 of Article 48 and Article 26 (1) of the Act on the Promotion of National Sports of the same Act concerning facts constituting an offense (a comprehensive selection of imprisonment, with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that gambling, such as the crime in this case, is highly likely to promote a speculative spirit and undermine the sound sense of work, etc.

Each punishment shall be determined as ordered in consideration of all the sentencing conditions, such as the period of crimes, the amount used for gambling, and the records of crimes.

It is so decided as per Disposition for the above reasons.

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