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(영문) 대구지방법원 포항지원 2016.06.02 2016고단274
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 or a person who is not an entrusted business entity, and use them for gambling.

However, on September 16, 2014, the Defendant connected to “D” or “E”, which is an Internet illegal gambling site, using a computer, and wired KRW 2,500,000 to the account designated by the site operator in the Defendant’s name, from the Defendant’s Nong Bank account at the port of port and port, and charged the game money, and b,50,000 won, and b,50,000 won, in the event of betting as a result of various domestic and overseas sports games games, in accordance with a certain ratio of distribution, the Defendant dambling in a way that he loses the betting amount if he received dividends according to a certain ratio of distribution, from that time to September 30, 2015, he collected 629,540,000 won in total over 160 times, as indicated in the list of crimes, and received 829,250,000 won in total by taking advantage of the betting amount as a result of the betting.

Summary of Evidence

1. Statement by the defendant in court;

1. A screen of access to gambling sites;

1. Each investigation report (in relation to the attachment, etc. of details of transactions of suspect gambling accounts; the application of Acts and subordinate statutes to the letter of transfer and request for financial transaction information, such as violation of the National Sports Promotion Act, and customer information, etc. on the suspect account);

1. Article 48 subparagraph 3 of the National Sports Promotion Act, Article 26 (1) of the same Act, and Article 26 of the same Act, the selection of a sentence to imprisonment, inclusive, with labor for a crime;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The period, frequency, amount, etc. of illegal gambling, in light of which the nature of the crime is more favorable: The fact that all of the crimes are recognized and the mistake is against each other, and the crime of another type is committed.

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