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(영문) 울산지방법원 2016.10.13 2016고단2325
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

No person, other than the Seoul Olympic Sports Promotion Foundation and an entrusted business entity, shall provide property or property benefits to persons who correctly predicted the result by issuing sports betting tickets or similar things, or use them for gambling.

Nevertheless, from September 27, 2015 to December 3, 2015, the Defendant joined the Defendant’s residence, etc. as a member of “B (C, D, etc.)” (hereinafter “E”), an illegal Internet sports earth and entertainment site, and subsequently lost the rate of betting money or lost the rate of betting money in the way of 218 times in total, as shown in the attached list of crimes, after having transferred KRW 113,50,000,000 to the Plaintiff’s bank account (10502761806) in the name of the Defendant’s bank account (E) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the details of operating accounts of gambling sites, photographs of illegal gambling sites, search, seizure and verification warrant data;

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning facts constituting an offense, and the selection of imprisonment;

1. The following circumstances are considered in light of the following circumstances: (a) the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act is large in the amount of money remitted to the illegal sports gambling site; and (b) the Defendant has been sentenced twice to a fine due to a violation of the same kind of game industry Promotion Act; (c) the Defendant’s behavior is divided; and (d) the Defendant does not seem to have habitually gambling in addition to the above period.

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