국민체육진흥법위반(도박등)등
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.
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 May 24, 2014, the Defendant subscribed to the Defendant’s residence at the 203 Daegu Suwon-gu Building B, and deposited KRW 80,00 in cash with the account of the National Bank (F) in the name of the E used at the above site, etc., and predicted the result of the sports games, such as stables, deaf-gu, and distribution, in advance, and predicted the outcome of the betting by using the charged cyber money, and then gambling by receiving the same dividend as the betting amount, from around August 16, 2015, the Defendant deposited KRW 716,540,000 in total over 210 times as shown in the attached list of crimes (A) and received KRW 160,507,000 in total as a result of the betting. < Amended by Act No. 16305, Aug. 16, 2015; Act No. 16080, Feb. 8, 2017>
Summary of Evidence
1. Statement by the defendant in court;
1. A screen of the gambling site;
1. A response to financial information;
1. Habituality: Application of Acts and subordinate statutes that are habitually recognized in light of the inquiry letter, such as criminal history, period and frequency of the crime;
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, the point of gambling using similar voting rights for the promotion of sports), Article 246 (2) and Article 246 (1) of the Criminal Act (as a whole, the 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 (the period of gambling is a long-term period, frequency is also high, and the amount is also considerable, etc.);
1. Article 62 of the Criminal Act: