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(영문) 울산지방법원 2016.05.27 2016고단870
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

No person shall gambling using any act of offering property or property benefits to persons who win the result of sports promotion by issuing voting rights or a similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

On July 5, 2014, the Defendant, at the Defendant’s house of Ulsan-gu B building 301, connected to “C”, a private sports soil entertainment site, using a computer, deposited KRW 500,00 in the bank account (Account Number E) of the limited company D, which is managed on the website, and received corresponding game money, and predicted the result of various overseas and domestic sports games in advance, and carried out a private sports entertainment in such a way as to determine the success and failure to receive dividends according to the dividend rate if they are loaded in the game money.

In addition, from around that time to November 23, 2015, the Defendant is as shown in the annexed Table of Crimes: Provided, That “amount of money withdrawn” in the annexed list of crimes means “amount of money deposited”; “amount of money deposited”; “The other bank” means “bank”; “the other bank account number” means “Account Number”; “the other bank” means “the other bank account number”; “the other bank” means “the other bank account number”; and “the account number” means “the other bank account number”.

A total sum of KRW 306,278,000 deposited and carried out private sports discussions in the above way.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the closure of a gambling site and the details of transactions of admission and withdrawal;

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act, comprehensively including the relevant legal provisions and the choice of punishment for a crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the reflective fact and the fact that there is no previous conviction in the same kind);

1. Article 62-2 of the Criminal Act of the community service order (affort time shall be given to the crime through labor and service and the reflectivity);

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