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(영문) 창원지방법원 2017.01.19 2016고단3962
국민체육진흥법위반(도박등)등
Text

A defendant shall be punished by imprisonment for six 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 November 7, 2014, the Defendant joined the Internet private sports soil site "D, E", etc. using PC at the Defendant's residence located in Seongbuk-gu, Changwon-si, and transferred KRW 150,000 to the bank account (G) in the name of the company F, one bank account designated by the above site operator, and received money equivalent to the above amount, and paid dividends or lost the betting amount by receiving dividends from the above site in accordance with the result of the sports sports games, such as domestic and foreign axiss and campings provided at the above site, and paid the betting amount or by losing the betting amount. In addition, the Defendant deposited KRW 1,302,541,530,00 in total, as stated in the attached list of crimes, from February 24, 2016 to KRW 37,500 in the above-mentioned sports site, and paid the betting amount by paying the above KRW 1,57,00 in the above-mentioned method.

As a result, the defendant, who is not the Seoul Olympic Games Korean Sports Promotion Foundation and a person who is not an entrusted business entity, used the act of gambling and gambling to provide property or property benefits to those who win the result by issuing sports promotion voting rights or similar things, and habitually gambling.

Summary of Evidence

1. Statement by the defendant in court;

1. Each internal investigation report and investigation report;

1. Gambling site “D, E, and H” screen closures;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the period, method, frequency, etc. of the instant crime;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (as a whole, the point of gambling using similar voting rights for the promotion of sports), Article 246 (2) and Article 246 (1) of the Criminal Act (as a whole, the point of habitual gambling);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (the period of gambling, frequency, size of funds, etc.) shall be mitigated;

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