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(영문) 수원지방법원 평택지원 2017.08.09 2017고단780
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for not less than eight 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, other than an entrusted business entity, shall provide property or property benefits to persons who win the result of sports promotion by issuing voting rights or things similar thereto and gambling using them.

On November 28, 2012, the Defendant: (a) connected to “D,” and “E,” an illegal private sports gambling site using a computer located at a entertainment establishment operated by the Defendant in Gangnam-gu Seoul, Seoul; (b) deposited KRW 500,000 to one bank account (H) in the name of one bank account in the name of one bank account in the name of the Defendant (F), one bank account in the name of the said gambling site (H) and deposited KRW 500,000 in the said gambling site; and (c) performed gambling by betting money in the sports competition after receiving the corresponding game money and raising the betting money, from that time to March 21, 2016, the Defendant received the betting money according to the dividend rate; and (d) deposited KRW 1,027,603,780,000 in total with the same method, such as “crime list,” and (e) deposited the betting money in the total amount corresponding to 00,500,000.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (to attach a site screen and a list of crimes);

1. Investigation report (Analysis of details of transactions of deposits and withdrawals against part of a suspect);

1. Screening pictures by capturing a DNA site;

1. Application of Acts and subordinate statutes of a list of crimes (A);

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) (including provisions) of the relevant Act on criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The suspended sentence of imprisonment shall be imposed on the occasions of the crimes in this case, the period of the crimes, the amount of gambling, the defendant's violation of the Act on the Punishment of Acts, such as brokerage, etc. of sexual traffic.

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