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(영문) 서울중앙지방법원 2017.05.26 2017고단1951
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person, other than an entrusted business entity, who is the Seoul Olympic Winter Games Foundation or the Korea Sports Promotion Foundation and a person who is not an entrusted business entity, shall engage in an act of providing property or property benefits to persons who win the result by issuing sports promotion voting rights or a similar things, and no person shall publicize such similar act, or act as a broker or intermediary for the promotion of sports or the purchase of things similar thereto, or engage in gambling using such similar act.

On December 3, 2015, the Defendant purchased similar sports promotion voting rights in the manner of receiving dividends according to the pre-determined dividend rate, if he/she purchased the same in the manner of receiving dividends, in accordance with the pre-determined dividend rate, after he/she opened as a member, at the location of the Defendant’s residence, located in Gangnam-gu Seoul National Sports Promotion Foundation and a non-entrusted business entity, at the location of the Defendant’s residence, located in Gangnam-gu Seoul Olympic Games.

In addition, from December 3, 2015 to November 30, 2016, the Defendant purchased the right to vote for similar sports promotion of KRW 1,595,946,000 through 3,743 times in total as shown in the list of crimes in the same way.

As a result, the defendant was gambling by using the act of issuing similar sports promotion voting rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (related to verifying transaction details);

1. Application of the Acts and subordinate statutes on banking transactions;

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

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

1. The period, frequency, and scale of the sentence of Article 62-2 of the Criminal Act is not good in light of the reason for sentencing.

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