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(영문) 부산지방법원 2015.07.17 2015고단1344
국민체육진흥법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is an operator of a sports earth gambling site.

From February 4, 2015 to February 27, 2015, the Defendant recruited its members while operating the Internet illegal sports entertainment entertainment site E, F, G, and H from the 2nd floor of Busan Dong-gu, Busan to February 4, 2015, and operated a business by allowing its members to receive money by predicting the participation, absence, and failure in sports-related games, such as domestic and overseas festivals, camping districts, and farming districts, and by allowing its members to receive money according to the results of the event, as shown in the list of crimes in the attached list of crimes, the Defendant received money from 139 members of the gambling to KRW 207,615,50 over 629 times in total from 139 members of the foreign exchange bank account (Account Number J) as shown in the list of crimes.

Accordingly, even if the defendant is not the Seoul Olympic Sports Promotion Foundation or the entrusted business entity thereof, the defendant issued sports betting tickets or similar things and provided property or property benefits to persons who correctly predicted the result, and at the same time opened gambling for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Copies of each protocol of examination of K or L;

1. A financial transaction statement, a list of entry and departure statements, and an account statement;

1. Investigative Report - Details of transactions, such as member lists and foreign exchange banks - the opening period and amount of gambling, specified amount - the preparation and reporting on the list of offenses - the report on the details of the additional collection charges.

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 247 of the Criminal Act applicable to the facts constituting the crime; Article 47 subparagraph 2 of the National Sports Promotion Act; Article 26 (1) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act provides that the Defendant has no criminal history except twice of a fine, reflects a mistake, and that the scale of the crime is not so large that profit from the crime is not significant, and that it is also considered that the Defendant’s crime is committed.

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