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(영문) 의정부지방법원 2019.09.25 2019고단2855
국민체육진흥법위반(도박등)
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

From August 14, 2016 to February 25, 2017, the Defendant opened a private sports earth and entertainment site (C, D, etc.) operated by the deceased using smartphones at the Defendant’s home, and then lost money in the way that he/she received dividends in accordance with the fixed dividend rate if he/she anticipated the results of the games, such as winning, winning, winning, and scores of various sports games, from the Defendant’s home, and lost money if he/she received dividends from the Defendant’s account (F) in the name of G bank account (Account Number: I) in the name of G Co., Ltd. used by the above gambling site operators, and K Bank account (Account Number: L) in the name of the limited liability company J. 25 times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on internal investigation (as to the separate investigation of gambling actors),

1. A report on internal investigation (e.g., collection and analysis of 'M' on the illegal sports gambling site');

1. Application of the statutes on account transactions of suspects;

1. Article 48 of the National Sports Promotion Act applicable to the relevant criminal facts, Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act and the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is highly long from August 2016 to February 2, 2017, the number of remittances of money to purchase game money used for gambling is considerably more than 225 times, and the total amount of remitted money is less than 95,770,000 won.

Although the Defendant had been punished by a fine of KRW 2.5 million for gambling in 2011, the Defendant committed the instant crime of the same kind, it is necessary to prevent recidivism through a strict punishment consistent with the Defendant’s responsibility.

However, the defendant does not stay at present, and is absolute in the future.

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