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(영문) 제주지방법원 2017.03.24 2016고단2944
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall gambling or gambling in which property or property benefits are provided by taking advantage of the results of sports promotion voting rights or others similar thereto issued by a person who is not an entrusted business entity and the Korea Sports Promotion Foundation for the Olympic Games or by a person who is not an entrusted business entity.

Nevertheless, on January 1, 2014, the Defendant: (a) connected to the Internet private sports soil site (D) by using computers and his mobile phone (C) at around two south-dong-dong-si, Jeju; (b) deposited KRW 1,00,000 to the national bank account in the name of the 2nd website website designated by the above site operator as the deposit account for gambling money; (c) deposited the corresponding game money; and (d) deposited the same with the above filling money, and (e) received dividends in accordance with the sports games, such as domestic and foreign axiss, handbaf, and handbaf games provided by the above site; and (c) deposited the money to the Seoul Sports Promotion Foundation’s property and money from around 241 to April 23, 2015, the Defendant deposited the total amount of KRW 250,500,000,000 in an account of the Seoul Sports Promotion Foundation’s property and money other than the Seoul Sports Promotion Foundation’s property and money.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each investigation report (referring to 1 to 11, 17) and statutes to listen to internal or internal telephone statements;

1. Article 48 Subparag. 3 and Article 26(1) of the National Sports Promotion Act (see, e.g., Supreme Court Decision 2013Do10467, Nov. 28, 2013) inasmuch as the instant Defendant’s act was committed continuously for a certain period with a single and continuous criminal intent, and the legal interest infringed upon is also deemed the same as that of a single and continuous criminal intent, the instant act constitutes a single comprehensive crime (see, e.g., Supreme Court Decision 2013Do1067, Nov. 28

1. The reason for sentencing under Article 62(1) of the Criminal Act is the content and society of the instant crime.

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