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(영문) 서울중앙지방법원 2017.02.06 2016고단7061
국민체육진흥법위반(도박등)
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

No person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall gambling using the right to vote for sports promotion or those similar thereto to provide property or property benefits to those who win the result.

1. From January 30, 2013 to February 23, 2015, Defendant A opened an illegal sports earth and entertainment site (D, E, F, and G) by using smartphones, etc., and took out money as a member in accordance with the result of various domestic and overseas sports games, Defendant A paid money to the amount equivalent to the pre-determined dividend rate; and if he did not pay money, he/she did not pay money from 13 accounts under the name of the Defendant’s name of the bank in the name of the company in the name of the company in the name of the company in the name of the Defendant and its surrounding persons, and deposited KRW 1,173,203,90 in total over 150 times, such as the daily list of crimes (A) in the name of the said site operator.

2. From January 28, 2013 to September 24, 2015, Defendant B opened an illegal sports earth and entertainment site (D, E, F, and G) with a computer in the mutual influorial PC room, etc. located in Gangnam-gu Seoul, Gangnam-gu, by means of the computer, and carried out gambling by using the computer, with money equivalent to the pre-determined dividend rate if he gets out of the cover in accordance with the result of various domestic and overseas sports games, and, if not, by means of loss of money, deposited KRW 5,691,23,000 in total from the Defendant’s name bank account and H company bank account to the account designated by the above site operator, as shown in the list of crimes (B) in attached Form 661.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the suspect by each prosecutor against the Defendants

1. Application of Acts and subordinate statutes to each investigation report (report on the details of a transaction account, preparation of a list of crimes, and confirmation of the result of disposition against some operators of gambling sites in which suspects A, etc. participated);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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