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(영문) 창원지방법원 마산지원 2016.10.25 2016고단939
상습도박등
Text

A defendant shall be punished by imprisonment for four 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

No person shall gambling in return for offering property or property benefits to persons who win the result by issuing sports betting tickets or similar things from persons, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity.

Nevertheless, at around 18:40 on December 1, 2012, the Defendant visited C, a private sports gambling site, using a computer, at Changwon-si, the Defendant’s residence, and deposited KRW 1,000,000 in one bank account under the name of (E) D, the charging account of the above site, and received the corresponding game money, and then francing the game money through the above site, predicted the result of the overseas camping games, etc., and predicted the result of the games, and failed to receive the money returned according to the fixed dividend rate, the Defendant did so by paying the dividend amount to the above site operator as it is, and from the above date to November 18, 2013, the Defendant deposited KRW 258,670,000 in total over 182 times, as shown in the attached list of crimes.

Accordingly, the defendant habitually stuffed by taking advantage of the above activities prohibited by the National Sports Promotion Act.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation (site screen and list of crimes);

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

1. Subparagraph 3 of Article 48 of the National Sports Promotion Act and Article 26 (1) of the same Act (generally, the issuance of similar sports betting tickets and gambling) and Article 246 (2) and (1) of the Criminal Act (generally, the issuance of sports betting tickets and gambling) concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The circumstances following the reasons for sentencing under Article 62(1) of the Criminal Act, and the age, character and conduct, environment, motive, means and consequence of the crime, after the crime is committed.

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