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(영문) 대구지방법원 2018.11.23 2018노3165
국민체육진흥법위반(도박등)등
Text

The judgment below

The defendant A's violation of the National Sports Promotion Act (such as opening gambling), and the opening of gambling space.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of violation of the National Sports Promotion Act (Gambling, etc.), Defendant A did not have any gambling and gambling at the gambling site as stated in the judgment of the court below, and only remitted money to his account that he knew at his request.

2) In regard to the violation of the Act on the Regulation and Punishment, etc. of Criminal Proceeds Concealment (including the opening, etc. of gambling), the punishment imposed by the lower court (the imprisonment of three years, confiscation, and collection KRW 480 million) is too unreasonable, with respect to the violation of the Act on the Regulation and Punishment, etc. of Illegal Economic Transactions, the sentence imposed by the lower court is too unreasonable.

B. The punishment sentenced by the lower court (one year and four months of imprisonment, confiscation, additional collection of KRW 350,013,00) is too unreasonable.

(c)

As to the facts of the prosecutor (defendant A) 1, the fact that there is a misunderstanding of the legal principles, special injury, and the violation of the Punishment of Violences, etc. Act (joint assault) by the victims and witnesses, according to the statements of the victims and witnesses, the defendant A appears to be a threatening speech in collusion with and jointly with them at the scene of the crime of AX and B, and it is sufficiently recognized that he participated in the above crime.

However, the lower court erred by not guilty of this part of the facts charged.

2) The punishment sentenced by the lower court to Defendant A (a fine of KRW 5 million and imprisonment of KRW 3 million, confiscation, additional collection of KRW 480 million) is too uneased and unreasonable.

2. Determination

A. The lower court acknowledged the following facts and circumstances based on the evidence duly adopted and investigated by the lower court regarding Defendant A’s assertion of misunderstanding of facts, i.e., (i) remitted the sum of KRW 940,000 won to the account of “CK”, which is a sports Saturday site, from the bank account in his/her name, and KRW 1.41,00,00 won on August 27, 2014; (ii) Defendant A stated that the said bank account in his/her name was not transferred to another person or allowed another person to use it; and (iii) Defendant A stated that the aforementioned bank account in his/her name was not having been transferred to another person or used by another person.

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