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(영문) 대전지방법원 2018.12.13 2018고단2741
국민체육진흥법위반(도박등)방조
Text

1. The crime of aiding and abetting the violation of the National Sports Promotion Act (Gambling, etc.) as indicated in the judgment of the Defendant is re-assigned No. 1 to 92 per annum of the sight table for the annexed crimes

Reasons

Punishment of the crime

[criminal records] On November 29, 2016, the Defendant was sentenced to a suspended sentence of two years for a special injury, etc. at the Daejeon District Court on December 7, 2016, and the said judgment became final and conclusive on December 7, 2016, and was issued a fine of KRW 10 million for a violation of the National Sports Promotion Act (Gambling, etc.) at the Daejeon District Court on January 4, 2016.

[Criminal facts] A person who is not an entrusted business entity of the Korea Sports Promotion Foundation in the Seoul Olympic Games shall not offer property or property benefits to those who win the results by issuing sports promotion voting rights or similar things, and no one shall do so by using them.

Upon B’s request from July 1, 2016 to May 29, 2017, the Defendant visited “C”, a website for illegal sports sports, deposited total of KRW 531,739,200,00 in a total of 214 times as shown in the attached crime list, such as the bank account (F) in the name of “C”, and deposited KRW 531,739,200,00 in a total of 214 times, as shown in the attached list of crimes, and facilitate B’s gambling by receiving the same from cyber money and receiving the same and transmitting it to B with dividends in accordance with the fixed dividend rate.

By doing so, B used similar acts prohibited by the National Sports Promotion Act, and the Defendant dumpeded it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each CD (financial transaction details);

1. Each report on investigation;

1. Previous conviction: Inquiry about criminal history and the application of the Acts and subordinate statutes of Daejeon District Court Decision 2015 High Court Decision 4492

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

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. After Article 37 of the Criminal Act, Article 39 of the same Act: Provided, That Article 39 of the same Act (attached crime No. 1 to 92 each time table);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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