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(영문) 춘천지방법원강릉지원 2020.12.17 2020고단978

국민체육진흥법위반(도박등)

Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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.

Nevertheless, on July 23, 2018, the Defendant connected a private sports soil site B using a mobile phone at the site, and deposited KRW 300,000 with a bank account (E) designated by the website operator, and predicted the difference in the winning and points of the sports games, such as a axis, by charging corresponding points, and received points as a result of the games, and received points as dividends depending on whether they were in progress, and carried out private sports earth gambling from that time until May 26, 2019, by paying KRW 540,649,000 in total over 823 times, as shown in the list of crimes, from that time to May 26, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on investigation (the details of the identity of an investigative agency and a gambling site and the attachment of related data), investigation (the attachment of a suspect and a list of crimes).

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The illegal Internet gambling, such as the instant crime, is detrimental to the sound labor concept and social morals and good morals, and is not good to the nature of the crime; the period of the Defendant’s gambling crime is long and highly favorable: The Defendant recognized and reflects the crime; the Defendant’s primary crime without any history of punishment prior to the instant case; and the Defendant’s age, character and behavior, environment, background of the crime, circumstances after the crime, etc. are considered as being considered.