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(영문) 서울동부지방법원 2020.06.09 2020고단772

국민체육진흥법위반(도박개장등)등

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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, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall provide property or financial benefits to persons who issued sports betting tickets or similar things and predicted the result thereof.

From December 8, 2018 to February 18, 2019, the Defendant, along with B, received money from the members of the private sports earth site in the name of Vietnam (hereinafter referred to as "C") in the name of "C" and received money from the members of the member of the private sports earth site in the name of "C," and granted members a considerable amount of cyber money, so as to allow them to betting money by predicting the success of the domestic and foreign sports competition posted on the above site, and pay the dividend applying the dividend rate to the betting amount to the members who meet the result of the competition, and received approximately KRW 350,000,000 by operating the private sports earth site in a manner of bringing about the betting amount of members who did not meet the result of the competition.

As a result, the Defendant, in collusion with the Seoul Olympic Sports Promotion Foundation and an entrusted business entity, issued sports betting tickets or similar things and provided property or property benefits to persons who correctly predicted the result, and at the same time established a space for gambling for profit.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant);

1. Article 47 subparagraph 2 of the National Sports Promotion Act, Articles 47 and 26 (1) of the same Act, Article 30 of the Criminal Act, Articles 247 and 30 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Operation of the illegal sports gambling site for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended sentence, shall promote the spirit of gambling of the general public and desire to work.