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(영문) 서울서부지방법원 2018.01.10 2017고단3264
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for six 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

No 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 gambling using the right to vote for sports promotion or those similar thereto to provide property or property benefits to those who win the result.

Nevertheless, around April 1, 2016, the Defendant joined 20 gambling sites, including “E”, “F”, “G”, “H”, and “I” in the Defendant’s house located in Seodaemun-gu Seoul Metropolitan Government, and deposited KRW 500,000 in the name of the Defendant, which was used as a charging account for the operation of the illegal gambling site, such as “E”, “F”, “G”, “H”, and “I” in the name of the Defendant, and deposited KRW 50,00 in the name of the Defendant’s house in the name of the Koup Bank in the name of the Defendant, which was displayed as a deposit account for the operation of the illegal gambling site in the name of the Defendant. In addition, the Defendant deposited KRW 126 times through March 30, 2017, deposited KRW 290,850,000 in total with the payment rate of KRW 290,850,00 in the name of the sports competition and received a plaque in accordance with the attached list of crimes.

As a result, the Defendant spawn each by using the act of providing property or property benefits to those who win the result by issuing sports promotion voting rights or similar things.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Views by capturing a gambling site;

1. Application of separate Acts and subordinate statutes (a statement of transactions conducted by a new bank);

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 concerning the selection of a sentence;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act, although not less than the punishment for the relevant crime in light of the scale, period, etc. of gambling, any criminal history other than the punishment for a single type of fine

1. Article 62-2 of the Criminal Act on the observation of protection;

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