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(영문) 춘천지방법원 원주지원 2020.01.14 2019고단1237
국민체육진흥법위반(도박등)등
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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a member who joined B, C, etc. from June 24, 2013 to November 7, 2017, such as “D, E, F, G, etc.’s illegal sports gambling site operated by Thailand studio, etc.

On September 12, 2014, the Defendant first deposited KRW 20,000 from the National Bank Account (H) in the name of the Republic of Korea (J) in the name of the Republic of Korea, and deposited KRW 95,945,000 over 322 occasions from September 14, 2016, as shown in the annexed List of Crimes, for the gambling of the above illegal sports gambling site, and charged the actual money and cyber money.

After that, the Defendant visited the site using a mobile phone at the wedding residence in Dongjak-gu Seoul Metropolitan Government, and predicted the result of the games, such as the boarding plaque and points of the domestic and foreign axis, camping district, and deaf-gu sports games, and 3,000 won to KRW 100,000,000, and gambling was conducted in a way that the Defendant lost the results of the games or refunded cyber money according to the set dividend rate.

Summary of Evidence

1. Defendant's legal statement;

1. The place of criminal offense;

1. Application of Acts and subordinate statutes to each investigation report (No. 5 through 8 of the evidence list);

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act (referring to gambling and gambling using similar acts to issue sports betting tickets), and Article 246 (1) of the Criminal Act (including gambling and gambling) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The crime of gambling in this case is likely to undermine the sound working concept of the general public and public morals and social and economic morals, and thus, is highly harmful to the society.

In particular, there is a lot of amount of money charged by the defendant for gambling.

The favorable circumstances: The defendant reflects the crime of this case.

The defendant has no record of criminal punishment.

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