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(영문) 서울서부지방법원 2020.03.11 2019고단4262
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

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, around April 27, 2017, the Defendant connected to "C, which is a private sports earth and entertainment site," and deposited KRW 320,000 from the bank account in the name of the Defendant, to the F Bank account under the name of the limited liability company E used at the above private sports earth and entertainment site, and collected the game money used for gambling, and putting it up with the game money in advance by predicting the result of the sports games such as overseas camping districts, axiss, etc., the Defendant acquired dividends according to the dividend rate, and carried out a private sports earth and entertainment in which the winning is determined by the food-based passenger box that is not to be refunded without being refunded.

In addition, from that time until October 28, 2017, the Defendant deposited the sum of KRW 100,350,000 in the FF Bank account in the name of the said limited liability company E, such as the statement in the attached list of crimes, from that time until October 28, 2017, and carried out private sports competitions in the same way.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Written opinion (14 pages);

1. A report on investigation (where the amount of investigation is calculated, 2);

1. Inquiry into customer matters;

1. Application of Acts and subordinate statutes on account details;

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning facts constituting an offense;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the defendant's private sports earth gambling of this case was more than 293 times.

Even in 2015, the Defendant was sentenced to a fine of one million won with a content similar to the instant case.

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