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(영문) 서울서부지방법원 2019.09.04 2019고정533
국민체육진흥법위반(도박등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall gambling in use of any prohibited act to provide property or property benefits to persons who win at the betting results by issuing sports betting tickets or similar things.

Nevertheless, on September 21, 2018, the Defendant, at the Defendant’s house located in Seo-gu Daejeon, called the “C”, a private sports earth site, transferred KRW 30,000 to the G account (H) in the name of the Defendant, which is used in the above private sports earth site, and received 30,000 won from the said private sports earth site to the G account in the name of F, limited liability company used in the gambling, and opened the game money in the name of the Defendant, such as a stable, camping district, etc., and predicted the winning of the sports competition, the result, and the score of the game. The Defendant, in hostile, she saw the game money by predicting in advance the winning of the game money, her dividends according to the dividend rate, acquired the dividends according to the f, from that time to December 4, 2018 in a way that the winning is determined by the Defendant’s betting book or its neighboring place, and deposited KRW 30,037,000 of the G bank in the name of the limited Company.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on screen pictures and information on financial transactions by cutting off the illegal sports earth's gambling site;

1. Article 48 of the National Sports Promotion Act applicable to the facts constituting an offense, and Articles 48 subparagraph 3 and 26 (1) of the same Act and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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