국민체육진흥법위반(도박등)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Criminal facts
No person shall gambling using any property or property interest (hereinafter referred to as "similar act") for a person who has correctly predicted the result of sports promotion by issuing voting rights or similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.
However, on September 1, 2014, the Defendant entered the “B” website, which is an illegal private sports soil site, by using smartphones, and then deposited KRW 1,00,000 from the Industrial Bank of Korea’s account in the name of the Defendant to the national bank account in the name of another person designated by the above site operator, and received the corresponding game money, and used the similar act, such as betting, from that time until February 18, 2016, by depositing KRW 430,177,000 in total from that time to February 18, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to each investigation report (the statement of co-offenders in the site, transfer documents, the general list of seized articles, written opinions, and transaction details by account);
1. Relevant provisions of the Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act concerning facts constituting an offense and Articles 48 and 26 (1) ( comprehensively, selection of imprisonment with prison labor);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The observation of protection and the use of a relatively long-term amount of reasons for sentencing in Article 62-2 of the Social Service Order Act for gambling, and the fact that the defendant was absent from gambling and appears to have been addicted to the degree of difficulty in normal living due to his or her misunderstanding: Provided, That he or she seems to have been making efforts to treat gambling addiction, such as participating in meetings to reflect his or her mistake and to have suffered considerable damage due to gambling, and the fact that there is no special criminal record other than minor fines, the defendant's age, sex, criminal records, and other crimes.