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(영문) 전주지방법원 2015.06.11 2015고단146
국민체육진흥법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall gambling in return for providing property or property benefits to persons who win at the betting results as a result of a sports betting ticket or similar.

On May 13, 2013, at the C market site office located in the Jeonju-gun, Jeonju-gun, the Defendant: (a) sent D’s access to KRW 2,00,000 to the said site online gambling account via the Internet; (b) received money corresponding thereto; (c) received betting results of various sports games; (d) received a certain rate of dividends depending on whether they are fit; and (e) received, from that time until April 14, 2014, the Defendant carried out private online gambling in total amounting to KRW 283,563,000,000, as described in the attached list of crimes, from that time until April 14, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (related to the progress of internal investigation separately from gambling actors);

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the accused who has no power to commit the same kind of crime is pening his mistake, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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