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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 2014, the Defendant joined “C” as a member of “C,” which is a sports gambling site that imitates “Sbobet (Sbabet),” “Pinnacle (Pinnacle)” and “ibc (AbC)”, etc., a foreign sports gambling site.
In addition, from April 5, 2014 to August 10, 2015, the Defendant visited B site using PC at the Defendant’s residence of Bupyeong-gu, Incheon, Bupyeong-gu, and the third floor, deposited gambling money from the site operator to the gambling charging account designated by the site operator from E to the gambling charging account designated by the site operator in his/her own name, and boomed the “sports competition” in which the Defendant paid dividends according to his/her domestic and overseas sports games.
As such, the Defendant deposited KRW 94,760,00 in total over 41 times, such as the annexed crime list, and received KRW 509,854,500 in total over 152 times according to the result of the betting.
As a result, the Defendant issued sports promotion voting rights or similar things (including the issuance through information and communication network) by a person who is not an entrusted business entity and the Seoul Olympic Games National Sports Promotion Foundation and issued them with gambling 604,614,50 won in total.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Request for provision of case transfer records or financial transaction information;
1. Application of Acts and subordinate statutes on investigation reports (Attachment to the part concerning suspect gambling among the details of 57 transactions account for the relevant crime);
1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea, Article 26 (1) (referring to gambling and gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (including habitual gambling and 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 Code of the Suspension of Execution (the defendant reflects the defendant and recognizes the crime of this case).