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(영문) 서울남부지방법원 2017.06.16 2017고단246
국민체육진흥법위반(도박등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 engage in gambling in the form of providing property or property benefits to persons who win the result of sports promotion by issuing voting rights or similar things to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

Nevertheless, at around 13:44 December 2, 2012, the Defendant deposited KRW 300,00 from the National Bank Account (G) in the name of the Defendant’s bank account in the name of the Defendant using smartphones in connection with “C and D’s mutual sports hosting site” (Account Number E) at the Defendant’s residence, and deposited KRW 300,000 in one bank account (G) with the above site deposit, and charged the corresponding game money. In short, the Defendant sprinked the winning and winning of the sports match, such as domestic and foreign professional festivals, which are provided on the above site, by means of receiving money according to the dividend rate, and deposited KRW 76,70,708,70,700 at the same time from around that time to February 23, 2016 and deposited at the same time in the same way as “attached crime”.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (transaction details DV storage files);

1. Application of laws and regulations on internal investigation reports (including the website screen and crime display), including C, D’ screen outputs;

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 (in comprehensive, gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (in comprehensive, gambling habitually);

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The suspended sentence shall be determined in consideration of the confession of reasons for sentencing, the records of crimes (two times the previous convictions of fines for this type), the scale of crimes, etc. under Article 62(1) of the Criminal Act;

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