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(영문) 춘천지방법원 영월지원 2018.08.07 2018고단207
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Majority Opinion] On June 16, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daegu District Court on the Aggravated Punishment, etc. of Specific Economic Crimes and the judgment became final and conclusive on January 8, 2018.

[Criminal facts] The Korea Sports Promotion Foundation and a person, other than an entrusted business entity, who issued sports promotion voting rights or similar things and provided property or financial benefits to persons who win at the same time (hereinafter “similar acts”) shall not be allowed to gamble in gambling.

Nevertheless, on December 1, 2015, the Defendant visited the illegal Internet private sports gambling site (C) using a mobile phone at a closed place on the Internet (C), and deposited KRW 1,400,000 to the Busan Bank (G)’s U.S.F account, which is deposited on the above site, and deposited KRW 1,40,000, and deposited the cyber money at the Busan Bank (G). After charging the cyber money, the Defendant received the cyber money from the Defendant’s company’s bank account as a result of the games, and received the distribution of the money through H, depending on whether it was fit or not.

From this point to January 13, 2017, the Defendant deposited a total of KRW 937,004,200 in the bank account opened at the above gambling site over a total of 474 times, such as the list of offenses, and used the same method as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (Attachment to the specification of transactions in the account of the suspected corporate bank), and details of account transactions in the account of the bank under the name of the suspect;

1. A criminal investigation report (related to the gambling site used by the person under his/her control), and a photograph of the screen of the gambling site;

1. Data on investigation reports (attached to the detailed statement of account transactions), data on withdrawals from among account transactions in the name of a suspect, and data on deposits from among account transactions in the name of a suspect;

1. A report on investigation (number of gamblings and correction of the amount), and a list of crimes;

1. A previous conviction in judgment:

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