(영문) 대구지방법원 포항지원 2021.01.14 2020고단1389

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(영문) 대구지방법원 포항지원 2021.01.14 2020고단1389

국민체육진흥법위반(도박등)

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The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than an entrusted business operator or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business operator, shall gambling by using an act of offering property or property benefits to those who win the result of issuing (including issuing through an information and communications network) sports promotion voting rights or things similar thereto.

On October 1, 2017, the Defendant deposited KRW 200,00 in the G bank account (H) in the name of the “AF” bank account designated by the site operator by accessing the illegal sports Saturdays B apartment site “D” in the north-gu B apartment site at the port of port around 2017, and around that time, from around 285 to April 5, 2019, the Defendant deposited KRW 268,130,000 in total with an account designated by the operator of the illegal sports Saturdays in the name of 1,285 times, such as the list of crimes in the attached Table of Crimes, and deposited KRW 268,130,000 in total with an account designated by the operator of the illegal sports Saturdays, expected the result of various sports games provided in advance, and determined the cyber money by the way of winning the horse without being paid dividends.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of details of each criminal account, and the details of each account;

1. Details of transactions by person;

1. Application of Acts and subordinate statutes on the screen of gambling site;

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the Act on the Promotion of National Sports for the Selection of Criminal Crimes (the frequency of punishment by imprisonment and the size of money for gambling shall be taken into account);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do148, Apr

참조조문

-형법 제62조 제1항

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