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(영문) 부산지방법원 동부지원 2020.01.22 2019고단2135
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

No one shall gambling in the course of issuing (including issuing by means of information and communications networks) sports promotion betting tickets or similar things operated by a person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, and offering property or financial benefits to persons who win at the betting.

Nevertheless, around 22:46 May 21, 2016, the Defendant deposited KRW 250,50 with the K Bank account (Account Number L) designated in the name of the Defendant at H Bank account in the name of the J Co., Ltd. at the above gambling site and deposited KRW 250,500 from May 9, 2018, using smartphones in the Defendant’s residence and receiving dividends from that time to May 9, 2018. The Defendant deposited KRW 1,679,00 in total, as shown in the separate crime list, with the total amount of KRW 1,69,79,000,00 from that time to May 9, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the list of crimes prepared as data for the page of the C manager;

1. Application of each investigation report (in the name of a suspect, attached thereto, such as details of deposits and withdrawals transactions, / Application of Acts and subordinate statutes to the period of committing a crime and the details

1. Article 48 of the National Sports Promotion Act applicable to the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the same Act ( comprehensively and collectively, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant, for the reason of sentencing in Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, had been sentenced to the total amount of KRW 970 million over two years, but the criminal liability is not less weak, and is subject to punishment once due to drinking driving.

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