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(영문) 창원지방법원 2017.01.12 2016고단3868
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 20, 2015, the Defendant joined the Internet private sports soil site “C” through PC at the Defendant’s residence located in Changwon-si, Changwon-si, and then transferred KRW 1,00,000 to the NA’s account (E) designated by the above site operator, and received a deposit amount of KRW 1,00,000,00 from the above site, and received the money for the games equivalent to the above amount, and paid dividends or money for the betting in accordance with the result of the sports games, such as the domestic and foreign axiss provided at the above site, camping, etc., and paid KRW 125,70,000 in total from the above site to December 20 of the same year, and paid KRW 30,000 in total by means of the above 125,70,000 in total as shown in the list of crimes.

As a result, the Defendant used the act of providing property or property benefits to those who win the result by issuing sports promotion voting rights or similar things to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each investigation report and each investigation report;

1. Application of Acts and subordinate statutes accompanying account CDs;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act that choose a penalty (in comprehensive, selection of imprisonment with prison labor);

1. To suspend the execution of a sentence in consideration of the fact that the criminal defendant's reason for sentencing under Article 62 (1) of the Criminal Act does not seem to be light in light of the frequency of gambling and the scale of gambling, but the crime does not seem to have been repented by mistake and not re-offending;

b. The sentencing conditions as shown in the arguments, such as the Defendant’s age, sex, family environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

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