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(영문) 창원지방법원 통영지원 2020.04.28 2020고단41
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year 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 provide property or property benefits to persons who correctly predicted the result by issuing sports betting tickets or similar things, or use them for gambling.

Around April 9, 2019, the Defendant visited D, a mobile phone, an Internet illegal private sports soil site to exchange game money using a mobile phone, and deposited KRW 700,000 to the EF bank account (G) in the name of the limited liability company used by the above site operator, and deposited the corresponding game money. The Defendant deposited the money in the above website by means of paying dividends according to the ratio of dividend if he gets out of the game money in advance by forecasting the result of various overseas and domestic sports games in accordance with the method provided by the above site. From that time to September 2, 2019, the Defendant deposited the money in the above way of gambling by means of determining the winning at the betting book of the food that cannot be refunded if he gets paid dividends according to the ratio of dividend if he gets out of the market.

Summary of Evidence

1. Defendant's legal statement;

1. Statement;

1. Application of Acts and subordinate statutes to report internal investigation (application for a warrant of search, seizure, verification) and report on internal investigation (the result of application of a financial account trend, search, inspection warrant and reply);

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 ( comprehensively and collectively, the choice of imprisonment);

1. The period, frequency, and amount of funds used for gambling by the defendant for sentencing under Article 62(1) of the Criminal Act and the amount of the funds used for gambling are against the defendant, and the punishment is determined as ordered by considering all circumstances, including the absence of past criminal records.

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