A defendant shall be punished by imprisonment for 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.

Punishment of the crime

On April 13, 2014, the Defendant had access to the Internet private sports soil site (C) through a computer in the dwelling of the Defendant in Gangseo-gu Seoul Special Metropolitan City, Gangseo-gu and 501.

The defendant deposited KRW 1,500,00 in the name of D designated by the above site operator as the gambling fund deposit account and charged for the corresponding game money. In the event that the above site betting is paid dividends equivalent to the dividend rate in the manner of boarding the sports game, such as the stable and the deaf-gu, in the event the above site conducts a private sports competition where the winning part of the sports is decided according to the result of the sports competition in the manner of losing the betting amount, and thereafter, from around that time to August 23, 2015, the defendant deposited the total amount of KRW 269,100,000 in total over 127 times as shown in the list of crimes.

Accordingly, the defendant habitually gambling by using the act of providing property or property benefits to those who win the result by issuing sports promotion voting rights or similar things to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to arrange requests for the provision of financial transaction information, response materials, and suspect transaction details;

1. Article 48 of the relevant Act on the facts constituting an offense, Article 48 subparagraph 3 of the National Sports Promotion Act, and Article 26 (1) of the same Act (in combination, the occupation of gambling using similar activities to issue sports promotion voting rights), Article 246 (2) and Article 246 (1) of the Criminal Act (in combination, the occupation of gambling habitually);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Da15488