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(영문) 의정부지방법원 2017.09.14 2017고단3140
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall provide property or property benefits to a person who has correctly predicted 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, and he/she shall not gambling by using such prohibited acts.

Nevertheless, from January 2, 2013 to August 30, 2016, the Defendant: (a) in the Defendant’s residence where the building B was operated in Yangju City 303, the Defendant determined the dividend rate on the winnings or points in various sports games, such as domestic and foreign axiss, camping districts, and farming districts; and (b) in a case where the winnings or winnings are entered, the Defendant shall pay money by receiving the dividend rate from the printing amount; (c) if the winnings or winnings are loaded, the Defendant shall enter the illegal private sports soil site “C” site operated by the method of losing the printing amount; and (d) the Defendant entered the new bank (State) using the deposit account in the name of the Defendant in the said site using the deposit account in the name of the Nonghyup Bank, etc., and deposited 231,56,900 won over 2310 times as shown in attached Table 810,000 won, and deposited them in each sports machine using the corresponding method.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (as to attaching a copy of the relevant case transfer document, etc.);

1. Application of Acts and subordinate statutes to a copy of investigation report (for the extraction of 159 accounts using the Chinese Customer Center);

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

1. Taking into account the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (hereinafter “Social Service Order”) has many and excessive frequency of gambling, and that the amount of gambling is also against the Defendant’s wrongness, the Defendant’s personal rehabilitation procedure is underway, and the Defendant has no criminal record other than once before and after a fine is imposed in violation of the Military Service Act.

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