국민체육진흥법위반(도박개장등)등
The judgment below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.
The grounds of appeal are examined.
1. Article 26 of the former Act on the Promotion of National Sports (amended by Act No. 11309, Feb. 17, 2012) on the grounds of the prosecutor’s appeal shall not issue sports promotion voting rights or any other similar act except the Seoul Olympic Games National Sports Promotion Foundation and the entrusted business entity.
“The provision provides that a person who violates Article 53 shall be punished.”
Therefore, Article 26(1) of the Act on the Promotion of National Sports (amended by Act No. 11309, Feb. 17, 2012) provides property or property benefits (hereinafter referred to as “similar act”) to a person who correctly predicted the result by issuing (including issuing through an information and communications network) the right to vote for sports promotion or others similar thereto.
In addition, Article 2(1)1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. provides a system that issues sports promotion voting rights or things similar thereto to the public through an information and communications network under Article 2(1)1 of the same Act (Article 2(1)1), “providing information related to sports for similar acts” (Article 2(2) and “publicizing similar acts or mediating or arranging the purchase of sports promotion voting rights or things similar thereto” (Article 47 through 49) shall not be punished differently depending on the form of each prohibited act.
In addition to the prohibition of “a similar act” under Article 26(1) of the amended National Sports Promotion Act, the purport of Article 26(1) was to newly establish a provision prohibiting any act related to a similar act under Article 26(2) without reaching “a similar act” under Article 26(1), but is also closely related to a similar act.