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(영문) 부산지방법원 동부지원 2019.08.21 2019고단920
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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, may gambling in use of an act of issuing sports betting tickets or similar things (including issuing them by means of information and communications networks) and providing property or financial benefits to persons who win at the betting.

Nevertheless, around 16:59 on March 2, 2018, the Defendant entered into a membership by accessing D, which is an illegal sports soil website, using smartphones, at the Defendant’s residence, and then deposited KRW 100,000 from the E Bank Account (F) in the name of the Defendant’s E Bank Account (F) to the H Bank Account (I) in the name of a limited liability company designated at the above gambling site, and received a deposit of KRW 10,00,00 from the H Bank Account in the name of the limited liability company designated at the above gambling site, and received the corresponding points, and received the dividend according to the result, from that time to April 10, 2018, the Defendant deposited KRW 9,80,000 in total over 65 times from that time, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the membership roll, investigation report (the account for filling with D members), and photographic data related to G accounts of the manager of the D website;

1. Article 48 of the National Sports Promotion Act applicable to the relevant criminal facts, Articles 48 subparagraph 3 and 26 (1) of the Act on the Selection of Punishment, and Selection of Imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act was that the Defendant engaged in the same kind of gambling during the period of suspension of execution for the same kind of crime.

However, it appears that the defendant was addicted to gambling by himself, was aware that his degree is serious, and he was making considerable efforts to cut off with gambling, and the defendant married on July 13, 2019, and even on behalf of his spouse and children in a new family environment.

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