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(영문) 수원지방법원 평택지원 2019.10.10 2019고단897 (1)
국민체육진흥법위반등
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 and an entrusted business entity, shall provide property or property benefits to persons who correctly predicted the result by issuing sports betting tickets or similar things, or use them for gambling.

Nevertheless, from September 27, 2014 to September 21, 2017, the Defendant opened a PC, etc. in the B (C, D, E, etc.), a member of the illegal Internet sports soil gambling site in Jung-gu Seoul, Jung-gu, Seoul, and transferred 353,634,924 won in total to the H bank account (I) in the name of the Defendant in the name of the post office bank (F) in the name of the Defendant, via the above gambling site, from the H bank account in the name of the Defendant, which is the gold charging account of the above gambling site, in total 931 times as shown in the attached Table 3, and charged the same amount with the game money, prior to the implementation of various domestic and foreign sports games, in a way that the amount of betting money is lost or the designated rate of dividends is refunded.

As a result, the Defendant used sports promotion betting tickets or similar things issued by the Seoul Olympic Sports Promotion Foundation and by a person other than an entrusted business entity, and habitually gambling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes on internal investigation reports (B site documentary evidence, etc.);

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning the facts constituting an offense, and Article 246 (2) and (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant repeats the crime even though he had the same criminal records, and gambling over a long period of 9.31 times, and gambling amount exceeds 300 million won.

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