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(영문) 광주지방법원 2016.07.14 2016고단1727
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 one shall gambling using a prohibited 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.

Nevertheless, from July 5, 2015 to October 5, 2015, the Defendant used the Defendant’s mobile phone from Gwangju branch, and opened the Internet private sports entertainment entertainment website as a member, and deposited KRW 624,424,40 won in total over 390 times, as indicated in the list of crimes in the attached Table of crimes, from the new bank account (E) designated by the Defendant in the name of the said website operator, the Defendant deposited KRW 624,424,40 in total from the new bank account (G) in the name of the Defendant at a bank (E) in the name of the said website, and paid a certain percentage of dividends depending on whether or not he or she received a certain amount of dividends.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes concerning the place of criminal and the details of bank account transactions in the name of the suspect;

1. Article 48 of the Act applicable to the crime, subparagraph 3 of Article 48 of the Act on the Promotion of National Sports for the Selection of Punishment, and Articles 26 (1) of the Act on the Selection of Imprisonment with prison labor;

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

1. The reason for sentencing Article 62-2 of the Criminal Act on the ground of sentencing under Article 62-2 of the Order to Attend Course is that gambling using the Internet illegal gambling site undermines the sound labor concept of the general public and promotes a speculative spirit significantly, and requires a strict penal punishment in a policy. The Defendant gambling over a relatively long period of time, and the total amount of gambling exceeds KRW 600 million, etc., which are disadvantageous to the Defendant.

On the other hand, it is favorable to the defendant that the defendant has no criminal history, and that the defendant is breaking his mistake in depth.

In these circumstances, the defendant is the defendant.

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