국민체육진흥법위반(도박등)등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person, other than an entrusted business entity, shall engage in an act of offering property or property benefits (hereinafter referred to as "similar act") or gambling using the same to a person who has issued (including the issuance through an information and communications network) sports promotion voting rights or others similar thereto to the Seoul Olympic Games or issued (including the issuance through an information and communications network).
Nevertheless, on June 21, 2014, the Defendant joined the PC room in Daegu Suwon-gu, B, and deposited KRW 1,000,000 in cash with the National Bank account (G), etc. used at the above site, and predicted the outcome of the sports games, such as stables, deaf-gu, and air exhaust, in advance, and predicted the result of the betting using the charged cyber money, and gambling in a way of receiving the same dividend as the betting amount, from that time to February 7, 2015, the Defendant deposited KRW 401,140,000 in total over 166 times as shown in the attached list of crimes, and deposited KRW 40,000 in total, 90,4050,400,000 in total, as a result of the betting.
Summary of Evidence
1. Statement of the police suspect interrogation protocol against the accused;
1. Application of each Act or subordinate statute mentioned in the gambling site screen, a copy of a letter of statement of financial transaction information, and a crime list;
1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (as a whole, point of any act similar to the right to vote for sports promotion), Article 246 (2) and Article 246 (1) of the Criminal Act (as a whole, point of habitual gambling);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da1448, Apr