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(영문) 대전지방법원 2021.02.25 2020고단4003

국민체육진흥법위반(도박등)

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

A person who is not a national sports promotion corporation and a trustee of the Seoul Olympic Games shall not engage in an act of offering property or property benefits to a person who has correctly predicted the result by issuing (including issuing through an information and communications network) sports promotion voting rights or others similar thereto, and no person shall do gambling by using such prohibited act.

Nevertheless, on August 17, 2018, the Defendant transferred KRW 150,000 to the E Bank account (F) in the name of the K Bank account (F) in the name of the K Bank in which an illegal private sports soil and entertainment-related site is charged, and around that time, connects to G, H, and I, who is an illegal private sports soil and entertainment site, using a mobile phone, and then downloaded dividends to the sports sports soil and games that are returned by printing dividends on the winning, dancing, or plaque of the sports sports competition, etc., as shown in the attached list of crimes, such as conducting the sports soil and games gambling, which are returned by November 7, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (to attach a list of specific suspects and crimes);

1. Details of deposits into a gambling site charging account;

1. Data replies to financial institutions;

1. Application of Acts and subordinate statutes, such as site photographs;

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act, such as the period of gambling, frequency of gambling, and the scale of gambling, is enormous, and thus the illegality of the crime is serious.

However, it takes into account the favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflects the fact that the defendant has no record of being punished for the same kind of crime, and taking into account all the sentencing conditions, such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., as shown in the records and arguments of this case.