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.
Punishment of the crime
No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall provide property or property benefits to persons who issued sports betting tickets or similar things and win up the betting results, and no person shall use them for gambling.
Nevertheless, around December 26, 2015, the Defendant visited “D”, a illegal sports gambling site, using a mobile phone at the Defendant’s residence located in Yongsan-gu, Yongsan-gu B apartment C, Goyang-si, and transferred KRW 300,000 to a bank account in the name of the KF Bank (G) designated by the above site to deposit money for gambling, and anticipated the result of winning, losing, and failure of various domestic and overseas sports games, thereby putting out game money in advance, taking dividends according to the dividend rate, and taking out dividends according to the method of determining the winning by the winning book in which the winning book is not to be refunded, and from around that time until December 1, 2016, the Defendant deposited KRW 293,540,00 in total, as shown in the attached list of crimes, from around 293 to December 1, 2016.
Summary of Evidence
1. Defendant's legal statement;
1. Copy of the police investigation protocol concerning H; and
1. A copy of an investigation report (account information opened as a H-established corporation);
1. Application of Acts and subordinate statutes to a copy of investigation report (statistical details of deposits on gambling sites);
1. Article 48 of the National Sports Promotion Act applicable to the relevant criminal facts, Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act and the selection of imprisonment with prison labor;
1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant led to confession and reflects the crime, that the defendant has no criminal record for the same kind of crime, that the defendant used for gambling for a long time without stating the amount used for gambling, and that the defendant's age, character and conduct, occupation, environment, means and result of the crime, etc.