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(영문) 의정부지방법원 2017.04.19 2017고단753
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall not provide property or property benefits to persons who win at the results of sports promotion by issuing voting rights or things similar thereto, and shall not gambling using such rights.

Nevertheless, from January 12, 2015 to August 19, 2016, the Defendant visited the private sports soil site (B, etc.) operated by the needy persons, and transferred total of KRW 242,304,00 on 405 occasions to the account managed by the operator of the above site, and received the corresponding game money, and then gambling was conducted by means of receiving dividends in accordance with a certain dividend rate, when the Defendant predicted the winning or winning of various domestic and foreign sports games.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (report on the attachment of data stored in USB), investigation reports (report on output, such as the Internet homepage), details of deposit and withdrawal of accounts, investigation reports (report on the results of execution of a search and seizure warrant);

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act that choose a sentence ( comprehensively, selection of imprisonment with prison labor);

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account favorable circumstances among the reasons for sentencing) lies in the records that the Defendant was punished as a fine of three million won due to gambling in 2009, and the frequency and amount of the Defendant’s gambling in the instant case is also high.

Therefore, the defendant will be sentenced to imprisonment.

However, the execution of a sentence is suspended in consideration of the fact that the defendant led to the confession of the crime, and that the defendant was unable to gain profits through gambling, and that he suffered losses (Evidence Record 389, 390 pages).

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