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(영문) 수원지방법원 여주지원 2016.04.19 2016고단157
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for six 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

No person, other than an entrusted business entity, shall provide property or property benefits to persons who win the result of sports promotion by issuing voting rights or similar things to the Korea Sports Promotion Foundation and a person, other than an entrusted business entity, who conducts gambling using such prohibited acts.

From October 2013 to January 23, 2016, the Defendant visited Ad'E to “C,” etc., a private Internet sports gambling site, at the residential premises located in B of Gyeonggi-si, and deposited a gambling gold deposit account, such as a bank (G) account in the name of “F” designated by the site operator, and carried out gambling by predicting the outcome of the domestic and foreign sports games and receiving dividends in proportion to the dividend rate set according to the results of the games, such as the list of crimes in attached Form 369 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. The screen (C) and screen (D) of a gambling site by cutting off the gambling site;

1. Details of transactions of deposits and withdrawals;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of the details of deposits on the suspect sports soil site), investigation report (additional facts of crime and repreparation of crime sight table);

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. A favorable circumstance, such as: (a) the Defendant’s reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., was committed against himself; (b) there was no record of punishment for the same kind of crime in the past; and (c) there was no record of punishment exceeding fines for the same kind of crime; and (d) the period for the Defendant’s gambling of illegal sports; and (b) the period for each gambling.

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