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(영문) 춘천지방법원 원주지원 2016.06.28 2016고단401
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 March 2014, the Defendant joined “C” as a member of “B”, a sports gambling site, which was opened by imitateing a foreign sports betting site.

On March 22, 2014, the Defendant visited the Defendant’s residence in Seongbuk-gu Seoul, Seoul, 304 Dong 1204, by using PC and smartphones, deposited KRW 30,00 from the Agricultural Cooperative (E)’s name to the gambling charging account designated by the said site operator, and predicted the failure of various domestic and overseas sports games, thereby gambling “sports culture” in which the Defendant paid dividends.

In addition to this, the Defendant deposited a total of KRW 206,150,000 over 411 times between around that time and around September 10, 2015, and gambling.

As a result, the Defendant 206,150,000 won and habitually stuffed at the same time, using the act of providing property or property benefits to those who win the result by issuing sports promotion voting rights or similar things to those who are not entrusted business operators.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. A screen of the gambling site;

1. Copy of a letter of transfer of the relevant case;

1. A copy of a letter of financial information gathering;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the number of crimes, frequency of crimes, and the fact that the same kind of crimes has been committed in a planned and organized manner;

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 occupation of gambling, including the occupation of gambling), Article 246 (2) and Article 246 (1) of the Criminal Act (including the occupation of habitually gambling, including the occupation of gambling);

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. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant, a total of KRW 300 million during a period of approximately one year and six months, and is illegal.

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