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(영문) 서울서부지방법원 2017.03.23 2016고단2365
국민체육진흥법위반(도박등)
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

No person, other than an entrusted business entity, shall provide property or property benefits to persons who win the result of sports promotion by issuing voting rights or a similar things and engage in gambling using the same.

The defendant from May 1, 2015 to the same year.

7. Until July 17, a member of the “C”, which is an Internet private sports gambling site not permitted at the place of business, and gambling was conducted by means of receiving a refund in accordance with the dividend rate if the sum of KRW 561,824,90 was deposited over 198 times in total as shown in the list of crimes in attached Form 198 with one bank account (2829101298104) in the name of another electronic bank account (2829), which is the deposit of the said gambling site via a new bank account in the name of the Defendant (D).

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a police officer in relation to E, F, G, H, I, J, or K;

1. A detailed statement of account entry and withdrawal;

1. Application of the Acts and subordinate statutes governing the criminal place

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 concerning the selection of a sentence;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the amount, frequency, and criminal records (two times the record of fine for the same kind of crime) of the Defendant’s age, sex, environment, and circumstances after the commission of the crime, etc., were taken into account, and the sentence was determined as ordered by the Defendant.

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