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(영문) 전주지방법원 2016.10.21 2016고단1416
국민체육진흥법위반(도박등)
Text

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

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

Reasons

Punishment of the crime

No one shall gambling by using an act of offering property or property benefits to persons who win the result by issuing sports betting tickets or similar things to persons who win the result, other than the Seoul Olympic Sports Promotion Foundation and an entrusted business entity.

From April 8, 2015 to July 6, 2015, the Defendant joined the Defendant’s residence room, which was located in Jeonju-si, as a member of the “C” website, at the Internet illegal gambling site, and transferred money from the Agricultural Cooperatives (D) under the Defendant’s name to the account of the National Bank in the name of the said gambling site, to charge the amount of money equivalent to the same amount of money by remitting money from the Dog-si’s deposit account in the name of the said gambling site to the Dog-si’s deposit account. If the result of the real-time sports competition, such as the camping district posted on the said website, is predicted, the Defendant received dividends according to a certain dividend rate, and did not know the result of the competition, the Defendant collected total amount of money of KRW 455,393,457, as indicated in the attached list of crimes, and collected total amount of money of KRW 857,91,265, Jan. 26, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on financial transaction details, transaction CDs;

1. Article 48 subparagraph 3 of the National Sports Promotion Act applicable to the facts constituting the crime and Article 26 (1) of the same Act (generally and collectively, the selection of imprisonment);

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The crime of this case is committed on account of unfavorable reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., with deposit of money exceeding KRW 400 million for a considerable period of time by the defendant and gambling using an illegal site, and the nature of the crime is not good in light of the period and scale.

The defendant's mistake is recognized for the favorable reasons.

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