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(영문) 서울중앙지방법원 2020.09.23 2020고단4366

국민체육진흥법위반(도박등)

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, may gambling in use of an act of issuing sports betting tickets or similar things (including issuing them by means of information and communications networks) and providing property or property benefits to persons who win at the betting.

Nevertheless, around 17:29 on March 4, 2019, the Defendant visited D, a mobile phone at one’s own house located in Dongjak-gu Seoul Metropolitan Government B and C, and wired KRW 200,50 to the F bank account (G) in the name of E, a stock company designated by the above site, and charged a considerable amount of game points. The Defendant predicted the result of the sports competition in Korea and abroad, and scambling by taking a game point as a result of the sports competition, and exchanging it again, from that time until January 8, 2020, the Defendant dambling by using the above Internet site in the same manner as in the list of crimes, by raising a total of KRW 300,917,000,00, as shown in the list of crimes, from that time to January 8, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to H by the police;

1. Information general situation, customer information inquiry table, and details of receipt and trading of customer information;

1. Application of Acts and subordinate statutes on account transactions;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that there are many frequency of illegal sports gambling for the reason of sentencing, and that the sum of the amount of gambling is larger than that of the Defendant’s disadvantage.

However, considering the fact that there is no previous conviction, and that there is no benefit from gambling, and that there is no loss of KRW 100 million, and that there is only an illegal sports gambling in the middle, and that there is a confession of the crime of this case and reflects the depth of the crime of this case, the punishment as set forth in the disposition shall be determined.