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(영문) 대구지방법원 경주지원 2020.05.28 2020고단100

국민체육진흥법위반(도박등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 1, 2018, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in Daegu District Court racing support, and the said judgment became final and conclusive on November 9, 2018.

【Criminal Facts】

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, at around 08:04 on April 11, 2016, the Defendant: (a) visited C, a computer and mobile phone at the residence of the Defendant in the racing-si, or at the same time at the same location; (b) deposited KRW 200,00 in the E-bank account under the name of the State designated by the operator as the deposit account; (c) deposited the game money in the amount equal to the pertinent amount; (d) deposited the game money in the manner of selling the game money at home and abroad and receiving a certain percentage of dividends depending on whether it was fit; and (e) provided gambling from that time until July 15:19, 2017, the Defendant deposited the total of KRW 1,726,722,000 in each of the above-mentioned accounts designated by the operator; and (e) provided gambling by each of the above-mentioned methods.

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;

1. An investigation report (absent a suspect A's account deposit account;

1. Investigation report (the fact that is the crime before judgment becomes final and conclusive);

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

1. Article 48 of the National Sports Promotion Act applicable to the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the same Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The sentencing of Article 62(1) of the Criminal Act is suspended.