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(영문) 광주지방법원 순천지원 2016.08.31 2016고단617
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall not gambling in which property or property benefits are provided by taking advantage of the results of sports promotion voting rights or others similar thereto.

Nevertheless, the Defendant had access to D (E, F, G, and H) an illegal sports soil site operated by C, etc. at a place where it is impossible to identify a place around February 1, 2013 and used by the Defendant.

I deposited KRW 1,00,00 in K’s post office account (L) in the name of K, which received the said site’s gambling money, and predicted the result of various sports games (e.g., winning, free, and plaque) posted on the said site, and then, from July 4, 2015 to July 4, 2015, the Defendant used 340,390,000 won in total by depositing the said site’s gambling money in the account to which the said site’s gambling money was deposited, as shown in attached Table (1) of the daily crimes committed by M, etc., from that time on which a refund is paid again depending on the enemy’s failure to do so. (ii) Along with June 8, 2015, the Defendant used the said site by accessing M, etc., a sports site operated by M, etc. at a place where the location cannot be known.

The Agricultural Cooperative Account in the I’s name (J) deposited KRW 950,00 in the Agricultural Cooperative account in the name of theO that received the said site’s gambling money, and predicted the results of various sports games (P) posted on the said site, and operated gambling by depositing the total of KRW 11,760,000 in the account that received the said site’s gambling money from July 12, 2015, from that time, from that time to July 12, 2015, such as the payment of refund money again depending on whether or not there is a deficit.

Summary of Evidence

Application of the Acts and subordinate statutes to attach a copy of search and inspection warrant of the defendant's legal statement transaction;

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, the selection of punishment for a crime, and the selection of imprisonment;

2. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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