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(영문) 춘천지방법원 강릉지원 2017.02.09 2016고단1445
국민체육진흥법위반(도박등)등
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

On January 1, 2015, the Defendant: (a) connected the Internet gambling site C using a mobile phone at the Defendant’s residence located in Gangseo-si B; (b) deposited KRW 300,500 from the security account (D) in the name of the Defendant’s name; (c) deposited KRW 300,50 to the Agricultural Cooperative (F) in the name of the Defendant’s account; (d) anticipated the corresponding cyber money from among various sports games, such as overseas storages, campings, etc., in advance, and anticipated the outcome of the games, such as winning and scores; and (e) went through gambling by means of acquiring dividends according to the dividend rate if he loses or she loses it due to the actual competition; and (e) deposited KRW 2,348,158,230,300 in total over 2,348,300 as shown in the attached Table of Crimes, from around that time, to November 18, 2015.

As a result, the Defendant habitually stuffed with gambling, and at the same time, the Seoul Olympic Sports Promotion Foundation and a person, other than an entrusted business entity, issued voting rights for sports promotion or similar things and provided property or property benefits to those who correctly predicted the result.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of screen pictures and account transactions after closure on the gambling site;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that the same kind of crime has been repeated for a considerable period;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (including the fact that an act similar to the issuance of voting rights for the promotion of sports, inclusive) and Article 246 (2) and (1) of the Criminal Act (including habitual gambling, inclusive);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the National Sports Promotion Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the same Act);

1. Article 62-2 (1) of the Criminal Act on the community service order;

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