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(영문) 대구지방법원 2020.08.19 2020고단3473
국민체육진흥법위반
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 publicize property or property benefits (hereinafter referred to as "similar act") to persons who correctly predicted the result of issuing sports betting tickets or similar things.

Nevertheless, the Defendant: (a) obtained a proposal from a person under whose name the site is operated B (C, D, and E) and agreed to offer 2% of the amount of betting in the face-to-face members; (b) opened a Kakakakao Stockholm from March 2019 to October 2019; (c) opened a Kakao Kakao Kakao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao, thereby joining the above site by providing the visitors with the UR address and recommended code; and (d) allowed the visitors to participate in the sports games.

Accordingly, the Defendant promoted similar acts even though he is not the Seoul Olympic Sports Promotion Foundation or the trustee.

Summary of Evidence

1. A written statement of the police interrogation protocol concerning H of the defendant's legal statement, the police seizure protocol;

1. Each photograph: the application of the Act and the Act and subordinate statutes governing “afusing seized computers” and “afusing Kakao messages, etc.”

1. Article 49 subparagraph 1 of Article 49 and Article 26 (2) 3 of the National Sports Promotion Act, comprehensively including the applicable law to facts constituting an offense and the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order are as follows: (a) Defendant, with the reason of sentencing under Article 62-2 of the Act on Probation and Community Service Order, recruited other users and obtained illegal consideration; and (b) Defendant, with the aim of improving the recidivism and gambling habits by taking into account the following: (a) the above-mentioned criminal liability cannot be deemed to be light; (c) the Defendant’s commission of criminal punishment cannot be deemed to have any record of punishment; (d) the Defendant’s age and occupation, etc.; and (e) the execution of punishment shall be suspended in favor of the Defendant’

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