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(영문) 수원지방법원 성남지원 2018.01.10 2017고단3039
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On May 12, 2016, the Defendant connected a mobile phone to “B”, which is a private sports soil site, using a mobile phone, and received a certain rate at a new bank account (C) in the name of the Defendant, and deposited KRW 200,000 to a new bank account (140-1127-7370) in the name of the said gambling site, which is the charging account, in a new bank account in the name of the Defendant (C). The Defendant deposited KRW 200,000 in a new bank account (140-1127-7370) in the name of the said gambling site, such as overseas professional axis and the deaf-gu, and deposited KRW 823,76,600 in total from March 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of transactions with enterprise banks;

1. A screen of the gambling site;

1. Application of the Acts and subordinate statutes governing bank transactions under A;

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 that choose a sentence ( comprehensively, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Prosecutor’s opinion - Six months of imprisonment;

2.Determination of sentence - Imprisonment shall be selected, taking into account the fact that the amount of imprisonment with prison labor for a period of four months and suspended execution of one year’s illegal sports discussions has been carried out for a considerable period of time;

However, taking into account the fact that the defendant is led to confession, and that there is no criminal history against the defendant, the punishment is determined and the execution of the punishment is suspended by taking into account the following factors: the defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various sentencing conditions in Article 51 of the Criminal Act as stated in the records and arguments.

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