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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall gambling using any property or property interest (hereinafter referred to as "a similar act") for a person who has correctly predicted the result of sports promotion by issuing voting rights or similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.
Nevertheless, at around 18:55 on November 26, 2012, the Defendant opened a member “E” with a smartphone to C (D, site address from time to time) which is an illegal private sports soil site using a smartphone, and deposited KRW 300,000 from the Defendant’s name national bank account to one bank account in the name of the limited company designated by the above site operator, and deposited KRW 30,000,000. The Defendant received the corresponding game money from the Defendant’s name, as indicated in the attached list of crimes, from around 615 to November 23, 2015, the Defendant deposited KRW 253,60,000 in total, and deposited KRW 30,000,000 in the name of one bank account in the name of one company designated by the above site operator.
Summary of Evidence
1. Statement by the defendant in court;
1. Photographss by cutting down a earth site;
1. Application of Acts and subordinate statutes on account holders and account transaction details;
1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act and the selection of imprisonment with prison labor for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds that the defendant is not good in light of the period of the crime in this case, the scale of the money, etc., and thus the defendant would not go against his mistake and again gambling;
The defendant has no criminal record exceeding the same criminal record and fine, and all kinds of punishment shown in the records and changes theory, such as the age, sex, family relation, motive, means and consequence of the crime, and the circumstances after the crime.