국민체육진흥법위반(도박등)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Criminal facts
No person shall gambling using any property or property interest (hereinafter referred to as "a similar act") for a person who has correctly predicted the result of sports promotion by issuing voting rights or similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.
Nevertheless, around July 3, 2016, the Defendant visited “C” (any change from time to time to time) which is an illegal private sports soil site via smartphone in Yangsan-si B, and deposited KRW 1,001,70,000 in the name of the said site operator at the NA’s post office account (31707058941) and deposited KRW 1,00,000 in the NA’s name of the said site operator in the NA’s name, and received the corresponding game money, as well as in the game predicted the winning or winning points of the sports games, such as a stable, held in the Republic of Korea and abroad, from that time to February 23, 2017, and deposited KRW 581,158,950 in total over 50 times until February 23, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the criminal place, a certified copy of resident registration, and inquiry of residents;
1. The application of each Act and subordinate statutes to each investigation report (including attached documents);
1. Relevant Article 48 of the Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, and the choice of imprisonment for a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. In addition to the purpose and purport of the National Sports Promotion Act prohibiting gambling using similar acts as the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution, the period and frequency of gambling in this case extends and the amount of money provided for gambling is very large. However, the following should be taken into account: (a) the Defendant has no record of punishment prior to the instant case, and there is no record of his mistake.