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(영문) 대구지방법원 의성지원 2014.10.30 2014고단194
국민체육진흥법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, who issues sports betting tickets or similar things (including the issuance thereof by means of information and communications networks) and provides property or property benefits to persons who win at the betting.

On January 16, 2013, the Defendant received KRW 370,000,00 from the operator of the above site as dividend in a manner that connects B to B’s illegal sports soil site (C) site, and deposits KRW 1 million in cash into the national bank (E) account in the name of D’s country (E) account. The Defendant received KRW 370,00 from the operator of the above site in a manner that gets up with the amount of cyber money equivalent to the amount received from the operator of the above site and predicts the result of the sports competition.

In addition, from January 15, 2013 to May 18, 2014, the Defendant charged cyber money equivalent to KRW 516,165,00 in total over 778 times, as described in the separate crime list, by the aforementioned method, and received KRW 113,780,000 from the above site operator.

As a result, the Defendant, other than the Seoul Olympic Sports Promotion Foundation and the entrusted business entity, used the act of gambling and gambling to provide property or property benefits to the persons who correctly predicted the result by issuing sports betting tickets and at the same time gambling.

Summary of Evidence

1. Defendant's legal statement;

1. Details of account transactions;

1. A criminal investigation report (a report accompanied by data relating to the Internet sports soil);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods of each crime and the frequency of crimes in the judgment;

1. Article 246(2) and (1) of the Criminal Act applicable to the facts constituting the crime (referring to the habitual gambling, referring to the gambling), Article 48 Subparag. 3 and Article 26(1) of the National Sports Promotion Act (referring to the gambling using similar acts to issue sports betting tickets, comprehensively) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The period during which the punishment is chosen as an alternative penalty is relatively short;

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