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(영문) 대구지방법원 2016.05.26 2016고단699
국민체육진흥법위반(도박등)등
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

Punishment of the crime

A person, other than an entrusted business entity, who is a national sports promotion corporation and a person who is not an entrusted business entity, shall not engage in an act of offering property or property benefits (hereinafter referred to as "similar act") to a person who has correctly predicted the result of issuing (including issuing through an information and communications network) sports promotion voting rights or others similar thereto, and no person shall do gambling using such rights.

Nevertheless, on June 1, 2014, the Defendant subscribed to “E”, which is a sports gambling site that imitates “B,” “C,” and “D,” which is a foreign sports betting site, as a member of “F”. From June 15, 2014 to October 5, 2014, the Defendant visited the above E site using PC at the Defendant’s residence located in Gyeongbuk-si G, G, 102, and then deposited money from the Defendant’s No. 102 to the Do charging account designated by the site operator at “H,” and predicted the winning of various domestic and overseas sports sports games, and received KRW 1,48,70,70,700,700,750,705,700,700 won in total, and 705,705,705,700 won in accordance with the attached Table 139 times.

As a result, the defendant 2,191,187,50 won was habitually raised by issuing sports promotion voting rights or similar things (including the issuance through an information and communications network) by a person who is not an entrusted business entity and the Seoul Olympic Games Memorial Foundation and issued them, and used similar acts that offer property or financial benefits to those who win the results.

Summary of Evidence

1. Statement by the defendant in court;

1. A written request for financial transaction information and its replies;

1. Arrangement of the details of transactions of the recipient;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods of crime, frequency of crime, etc.;

1. Article 48 of the relevant Act concerning facts constituting an offense and Article 48 subparagraph 3 of the National Sports Promotion Act selecting a sentence;

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