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(영문) 서울북부지방법원 2021.01.28 2020고단4406
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall not issue (including the issuance through an information and communications network) sports promotion voting rights or things similar thereto and shall not provide property or property benefits to persons who win the result, and no person shall do gambling by using the prohibited acts.

Nevertheless, around May 13, 2017, the Defendant, at the Defendant’s home located in Seongbuk-gu Seoul, Seongbuk-gu B and C, connected to “D”, an Internet illegal gambling site using a mobile phone, deposited 700,000 won to the F Bank account (G) in the name of the company E with limited liability designated on the above website, and predicted the result of the domestic and foreign sports games, and scam by betting by predicting the result of the sports games, and by re-changing the game money by receiving dividends depending on whether it is hostile or not, from that time until June 3, 2018, the Defendant scam by using the above Internet site in the same manner as in the daily list of crimes, from that time until June 3, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (execution of a warrant of search and inspection of search and replys);

1. Investigation report (Analysis of the details of withdrawals of gambling site exchange accounts using H);

1. Application of investigation report (specific Acts and subordinate statutes on gambling sites using H);

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act that choose a sentence ( comprehensively, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act (the name of the defendant to undergo protection observation in order to prevent the recidivism of the defendant, to give him an opportunity to reflect his serious resistance) is that the defendant has many times of gambling, long-term, and the amount of gambling is large, and the circumstances and the first offender disadvantageous to the defendant, such as the fact that the amount of gambling is also large, and it is against the law.

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