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(영문) 서울북부지방법원 2020.12.18 2020고단3783
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for not more than ten 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 provide property or property benefits to persons who issued sports promotion betting tickets or similar things and win up the betting results, and no person shall use them for gambling.

Around January 11, 2019, the Defendant sent KRW 3,000,00 to the National Bank Account (G) in the name of the Defendant by accessing “C (D, etc.)” (E) the Internet illegal sports earth and entertainment site using his/her mobile phone, and then was charged with cyber money corresponding thereto. When he/she met the result of various sports games, such as domestic camping games provided by the above site, he/she was paid dividends according to the dividend rate, and he/she was stuffed by the method of receiving dividends according to the distribution rate, from around that time to October 18, 2019, by remitting KRW 1,917,680,000 in total over 488 times as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the screen of a gambling site to the closure photographs of the screen, filling accounts of each gambling site, and connection screen;

1. Article 48 of the National Sports Promotion Act applicable to the relevant criminal facts, Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act and the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are as follows, taking into account the various circumstances revealed in the arguments and records, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, and the execution of the sentence shall be suspended, and probation and considerable measures shall be given to prevent re-offending and give a strong opportunity to reflect.

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