국민체육진흥법위반(도박등)등
A defendant shall be punished by imprisonment for four 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, may gambling by issuing sports betting tickets or similar things (including issuing them by means of information and communications networks) and offering property or financial benefits to persons who win at the betting.
Nevertheless, from March 24, 2014 to September 27, 2016, the Defendant: (a) connected the Defendant’s residence in Nam-gu Incheon with smartphone to “C”, “D”, and “E (F, G, and H)” as “I”; (b) deposited KRW 227,252,200 in total over KRW 1,723 times in the account of the Defendant’s bank (J) in the name of the Defendant; and (c) received a dividend in accordance with his/her games, such as the stable, camping, farming district, distribution district, and Isaki, which were conducted in Korea and abroad.
As a result, the Defendant used similar acts such as the issuance of sports betting tickets to gambling at the same time, and habitually gambling.
Summary of Evidence
1. Defendant's legal statement;
1. A detailed statement of transactions by each account, written consent to provide financial transaction information, etc., detailed statement of transactions, filling, and detailed statement of exchange;
1. Cut photographs of the earth site of this case;
1. Investigation report (report attached, such as written opinion on detention of the earth and sand operator);
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been committed in a planned number of times;
1. Subparagraph 3 of Article 48 of the National Sports Promotion Act and Article 26 (1) of the same Act (generally, the use of similar acts and gambling) and Article 246 (2) and (1) of the Criminal Act (generally, the use of similar acts) concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The period, frequency, and scale of the sentencing of Article 62-2 of the Criminal Act shall be considered in light of the period, frequency, and scale of the order of education.