beta
(영문) 대구지방법원서부지원 2020.11.13 2020고단1062

국민체육진흥법위반(도박등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall gambling in return for offering property or property benefits to persons who correctly predicted the result of issuing sports betting tickets or similar things.

Nevertheless, around 15:42 on April 21, 2018, the Defendant entered a member by accessing the illegal sports gambling site B, using a mobile phone at the B, which is an irregular sports gambling site, and then deposited 300,000 won in the company bank account (D) in the name of the company in the name of the company in charge of the resolution of the settlement of accounts designated by the said website as deposit account and deposited the game money in the same amount as the corresponding amount, and thereafter, he saw the game money in the way of paying a certain percentage of dividends depending on the result of the domestic and overseas sports game, from that time to November 8, 2019, the Defendant deposited 483,61,600 won in total in each account designated by the said website operator, and provided gambling in the above way.

Accordingly, the Defendant used sports betting tickets or similar things issued by the Seoul Olympic Sports Promotion Foundation and persons other than the entrusted business entity.

Summary of Evidence

1. Defendant’s legal statement or internal investigation report (to be attached to the submission of e-mail on the entrance and exit of his gambling site A);

1. Application of details of transactions by account and certificates of deposit transaction records by account;

1. Article 48 subparagraph 3 of Article 48 and Article 26 (1) of the National Sports Promotion Act and the choice of imprisonment, collectively, with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is large number of times of gambling, and the fact that the amount of gambling is large amount is unfavorable to the defendant, or that the defendant is led to confession and reflect, or that there is no like power, the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc.