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(영문) 창원지방법원 2018.03.16 2018고단35
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

Criminal facts

On September 11, 2015, the Defendant collected game money by sending 500,00 to the Nong Bank's account (number: 355-037-6831-53) in the name of the Defendant in the name of the limited company (number: : 355-037-683) in the name of the Defendant at the window B of Changwon-si, the Internet illegal sports soil site "C", and then joining the members. The Defendant, at the window B of Changwon-si, sent the game money to 500,000 to 350,000,000 from the cambling account (number: 355-037-681-53) managed by the operator of the above gambling site, and charged with the game money in the aggregate of 380,500,000 won from March 19, 2017.

As a result, the defendant habitually gambling by using 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. Application of Acts and subordinate statutes to investigation reports (personal information on persons who stay at least KRW 200 million and whose amount is specified);

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 (as a whole, the point of gambling using similar voting rights for the promotion of sports), Article 246 (2) and Article 246 (1) of the Criminal Act (a 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 stay of execution (Consideration of reflective nature, motive and background of the crime, details and results thereof, and criminal records, etc.);

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