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(영문) 서울중앙지방법원 2017.04.20 2016고단9553
국민체육진흥법위반(도박등)
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 one year 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 things similar thereto to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

Nevertheless, the Defendant, at the Defendant’s home located in Gwanak-gu, Seoul Special Metropolitan City around January 2, 2015, connected to “C” (hereinafter “C”) the Internet private sports soil site, and deposited KRW 500,000 in one bank account (50791015404) in the name of KRW 50,000 designated by the above site operator as the gambling fund deposit account, and charged the corresponding game money at the site, and distributed dividends to the sports games, such as a domestic or foreign axis, without paying dividends in proportion to the dividend rate, from around October 26, 2015 to around October 36, 2015, and from around October 36, 2015, the Defendant deposited the total amount of KRW 50,000,000 in the sports sports games by means of payment of dividends in a way that loses the lugly, on the basis of the results of the sports games.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the screen of a golf course and CD (Account Transactions) ;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing as set forth below) is that the defendant gamblings over a long period, and the scale of the gamblings is also considerable.

However, this case's age, sex, environment, family relationship, means and result of the crime, etc. are led to the confession of the crime of this case and the mistake is divided, there is no record of criminal punishment for the same kind of crime, and the defendant's age, sex, environment, family relationship, means and result of the crime.

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