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(영문) 서울서부지방법원 2018.10.24 2018고단2813
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of 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, on April 24, 2017, the Defendant joined the Internet site D gambling site as a member of Addd'E by accessing the Internet site at the convenience store located in Sanyang-gu, Sanyang-si, Sanyang-si, and deposited KRW 1,00,000 with the national bank account designated by the above site operator in the name of the Defendant, and received the corresponding game money from the Defendant, and used a similar act, such as betting in the games predicted the winning or winning points of the sports competition held in Korea and abroad, from around 358 to February 28, 2018, by depositing the total amount of KRW 226,69,900, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Secondary execution to verify personal information of depositee;

1. Application of Acts and subordinate statutes governing list of crimes;

1. The pertinent Article of the Criminal facts and the indictment under Article 48 subparag. 3 of the National Sports Promotion Act for the selection of punishment are stated as “Article 3,” but they are deemed to be a clerical error, Article 26 subparag. 1 (including), Article 26 subparag. 1 (including), and the selection of imprisonment.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was the same during the period of suspension of the execution of the same crime, and the number of gamblings is high, and the nature of the crime is not good in consideration of the fact that the amount of gambling is large.

However, the fact that the instant crime is recognized and reflected, efforts are made to treat gambling addiction, and other circumstances that form the conditions for sentencing specified in the instant argument, such as Defendant’s age, sex, career, home environment, motive for the instant crime, and circumstances after the instant crime.

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