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(영문) 창원지방법원 2016.08.10 2016고단940
국민체육진흥법위반(도박등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 one shall gambling using a similar act which provides property or property benefits to persons who win votes for sports promotion or those who win the result by issuing similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

On October 10, 2014, the Defendant joined the Internet at around 104, 1704, the Defendant: (a) opened an illegal sports gambling site using PC at the Defendant’s residence; (b) deposited KRW 3,00,000 to the company bank account (E) in the name of D, an account for charging gambling money designated by the said site operator; and (c) deposited KRW 3,00,000 into cyber money; (d) predicted the winning of various domestic and overseas sports games; and (e) opened a so-called “sports soil” gambling in which the Defendant paid dividends depending on the relevant winning; and (e) deposited KRW 8 months from around that time to April 7, 2015 in total by depositing KRW 128,540,00 in the same way as the attached list of crimes committed during the period of eight months.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of customer information requests, data on details of transactions of criminal accounts, and reports on internal investigation;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method and frequency of crimes in the judgment, and the repeated crimes of the same kind;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (a comprehensive, the point of gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (a comprehensive, the point of habitual gambling);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant habitually imprisoned on the Internet site of illegal sports soil over a long-term period, the frequency and amount of gambling is considerable, and the defendant's age, occupation, sex, etc.

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