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(영문) 수원지방법원 성남지원 2020.02.20 2019고단2892
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On February 5, 2018, the Defendant was sentenced to two years of suspension of execution in the period of eight months by obstructing the exercise of rights by the Jeonju District Court on February 13, 2018, and the said judgment became final and conclusive.

【Criminal Facts】

No person, other than the Seoul Olympic Sports Promotion Foundation and an entrusted business entity, shall perform an act of offering property or property benefits to persons who win up the result by issuing sports betting tickets or similar things, or gambling by using them.

Nevertheless, from Jun. 2, 2014 to Sept. 30, 2015, the Defendant opened a c site (D, E, F, and G), a member of the “Csite (Csite)” which is an illegal Internet sports earth site, and then remitted 453,170,000 won over 161 times in total to eight accounts, such as the post offices (J) in the name of the above site’s charging account, etc. from the Defendant’s corporate bank account (H) in the name of the Defendant, to eight accounts, including the above site’s charging account, and charged the same amount of the same money, prior to the implementation of various domestic and foreign sports sports games, the Defendant took the game money in a way that, after betting the game money, the amount of betting money is lost or the designated rate of dividends is refunded.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on internal investigation (referring to the person concerned with the history of commencement of internal investigation), report on internal investigation, or transfer of internal investigation;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 48 of the National Sports Promotion Act applicable to the relevant criminal facts, Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act and the selection of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act on the suspended execution (the Defendant, who had previously committed the same kind of gambling, committed a violation of the National Sports Promotion Act (the crime of gambling, etc. around September 6, 2015), committed in 201.

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