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(영문) 서울북부지방법원 2017.02.16 2016고단5808
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No one shall gambling using the act of offering property or property benefits to persons who win the result by issuing (including issuing through an information and communications network) sports promotion voting rights or things similar thereto operated by the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

Nevertheless, on July 4, 2014, the Defendant opened an online private sports venue (B) with the name of “B” operated by the Internet, and deposited KRW 2,000,000 from the account in the name of the Defendant to the account designated by the said site operator as the gold charging account and filled up the game money used for gambling from August 25, 2014 to the day of August 25, 2014, by remitting KRW 294,660,00 in total 16 times in total by means of the same method as indicated in the attached Form “gold” and charging KRW 164,60,000 in the corresponding game money, and predicted the result of the games for domestic sports games, and paid dividends in accordance with the dividend rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Name of the domain of the B site;

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

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 that choose a sentence. Article 26 (1) of the same Act (Selection of Imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The size of the amount provided for gambling the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the accused reflects the wrongness of the defendant, there is no record of punishment for the same kind of crime, and the occupation and living relationship of the defendant shall be determined as ordered by taking into account the following factors:

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