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(영문) 수원지방법원안양지원 2020.12.23 2020고단1921

국민체육진흥법위반(도박등)

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

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 correctly predicted the result by issuing sports betting tickets or similar things, and use them for gambling.

Nevertheless, the Defendant entered into the “D”, which is a private soil site operated by the Buddhist Phphone, in the Gu building B and the Defendant’s dwelling place in Ansan-si, around November 29, 2019, and then deposited the money into the account in the name of the Defendant E bank account (F) and G bank account (H), and used the money in the name of the Defendant’s online bank account (J) and operated gambling by predicting the result of the specific sports games to be determined by the chance by paying the game money from the site operator and printing it for various games. From that time to May 13, 2020, the Defendant deposited KRW 265,540,000 over 124 times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning details of transactions and closure data by a website;

1. Article 48 of the National Sports Promotion Act applicable to the relevant criminal facts and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act (generally and collectively, selection of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: In light of the period, frequency, amount, etc. of the crime, the liability for the crime is not easy, and the circumstances favorable to the fact that the crime was committed without being aware of during the period of suspension of execution due to a separate case: The fact that there is no record of punishment for the same crime, and that there is no record of punishment for the same crime, the above circumstances and all the conditions for the sentencing specified in the argument of this case, such as the defendant’s age, character and behavior, environment, motive, means and consequence of the crime.