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(영문) 대전지방법원 2016.03.18 2016고단49
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 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.

Nevertheless, on August 12, 2014, the Defendant: (a) deposited KRW 1,00,000 in G’s bank account (H) in one’s name, which is the gambling charge account designated by the site operator, after having opened a cement transport line C with the ID of “E”, using his own her own gypt in D; (b) deposited KRW 1,00,000 in one’s own national bank account (F) at one’s own national bank account; (c) charged cyber money; (d) predicted the winning of various domestic and foreign sports games; and (e) exchanged cyber money by receiving dividends depending on whether the games were in progress; and (e) deducted it from that time to October 4, 2015, the Defendant received KRW 365,490,000 in total over 171 times as shown in the separate crime list; and (e) received the total amount of KRW 365,005,000 from that time to October 4, 2015

As a result, the Defendant used the act of providing property or property benefits to those who win the result by issuing sports promotion voting rights or similar things to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant Acts and subordinate statutes to the copies of the forwarding letter of the case and the response sheet of financial information;

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. Aggravation of concurrent crimes by concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by concurrent crimes prescribed for the crimes of violation of the National Sports Promotion Act (Gambling, etc.) due to deposit of KRW 10,000,000, which is the largest penalty)

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

1. Order of community service;

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