국민체육진흥법위반(도박등)
A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall provide economic benefits to persons who correctly predicted the result of issuing sports betting tickets or similar things.
In addition, gambling should not be conducted using these prohibited acts.
Nevertheless, around November 8, 2016, the Defendant, using a mobile phone from the Defendant’s residence, entered into the “D”, which is a private sports soil entertainment site, and then transferred KRW 1,000,000 from the Defendant’s E bank account (F) to the (H) post office account in the name of the State designated by the above site operator, and charged the corresponding game money. Around November 8, 2016, the Defendant carried out a private sports soil entertainment by using a mobile phone from the Defendant’s residence, to receive dividends or lose the betting amount.
In addition, from that to November 28, 2018, the Defendant 200 won in total 1,600,987,800 won in the form of betting, as shown in the attached list of crimes, was gambling in a total of 2,484 times.
As a result, the Defendant saw a person other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity by issuing sports betting tickets or similar things, and used them to provide property benefits to those who win at the betting.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to each investigation report, two managers of D to the case, respectively;
1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning facts constituting an offense.
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is the period, frequency, amount of gambling funds, etc. of the crime of this case, but the nature of the crime is not weak, but the defendant leads to confession and reflects the crime.