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(영문) 서울동부지방법원 2016.05.26 2016고단859
국민체육진흥법위반(도박등)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2012, the Defendant access to “C”, which is a private sports promotion voting right website using smartphones at the Seoul building and the Defendant’s house, around December 4, 2012, deposited KRW 270,000 from the Defendant’s bank account (Account Number: D) to the account designated by the said website operator, deposited KRW 270,00 from the said site’s account, and charged hosting funds to the winning of various domestic and foreign sports events, such as the axis and camping.

In addition, the Defendant deposited a total of KRW 730,845,00 over 842 times from September 10, 2015, and did gambling by receiving dividends of KRW 392,864,50 according to the strawing result.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on the website screen and the details of prize release;

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act that choose a sentence ( comprehensively, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the punishment for sentencing under Article 62-2 of the Social Service Order Act is not minor in light of the period, frequency, size of gambling funds, etc. of this case, the punishment shall be determined by taking into account all the factors of sentencing indicated in the record, including the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, etc., the defendant's erroneous recognition of and reflects the defendant's mistake, the defendant's loss due to gambling, the defendant's previous conviction of a fine for drinking is not less than three times, and the defendant's age, occupation, sex, family relationship

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