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(영문) 서울북부지방법원 2018.04.06 2017고단4670
국민체육진흥법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No person shall publicize an act of offering property or property benefits to a person who has correctly predicted the result of sports promotion by issuing voting rights or a similar things to the Korea Sports Promotion Foundation and a person who is not a trustee of the Seoul Olympic Games, or act as a broker or intermediary for the purchase of sports promotion voting rights or things similar thereto.

When the defendant advertises B, which is an illegal sports gambling site, from a person who is not his/her name, he/she will distribute profits generated from members who have joined the sports gambling site.

Upon receipt of the proposal “C”, from May 10, 2016 to October 14, 2016, the “C” on the smartphone display bulletin board “C” is safe to exchange money as agreed.

A notice stating the purport of “B” and allowing an unspecified number of people who reported and contacted the above writing to go to an illegal sports gambling by joining the above “B” and, in return, received a total of 62,829,264 won from the person in the name of the above-mentioned name on 43 occasions in total.

As a result, the Defendant promoted the act of providing property or property benefits to those who are not the Seoul Olympic Games Korea Sports Promotion Foundation and those who are not the trustee of the Seoul Olympic Games by issuing sports promotion voting rights or similar things, or by mediating or arranging the purchase of sports promotion voting rights or similar things.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Investigation report (related to total sum of criminal proceeds of the accused);

1. Analysis of the details of transactions in the non-coin of the account of an enterprise bank in the name of the defendant;

1. Account transactions;

1. Application of the photographic Acts and subordinate statutes;

1. Article 49 of the relevant Act and Articles 49 subparagraph 1 and 26 (2) 3 of the National Sports Promotion Act, the selection of punishment for an offense, and the selection of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is the observation of protection and the community service order.

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