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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year 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 July 2, 2018 to September 28, 2018, the Defendant subscribed to the “D (E, etc.”), an illegal Internet sports earth gambling site, etc., from the Defendant’s residence, as a member, and then transferred total of KRW 108,048,00 to the Defendant’s name national bank account (H), as shown in attached Table 1, to the KF Bank account (G) in the charge of the above site, 40 times in total, as shown in attached Table 1, the Defendant wired total of KRW 77,60,000 to the Defendant’s agricultural bank account (I) in the name of the Defendant, as shown in attached Table 2, charged the amount of money equivalent to the same amount of money, and then lost the rate of money for betting or lost the amount of money for betting, such as the winning or winning points of various domestic and foreign sports games prior to the implementation of the sports event.
Summary of Evidence
1. Defendant's legal statement;
1. Efame data attached to the police interrogation protocol of the defendant (20-35 pages of investigation records);
1. Application of the Acts and subordinate statutes governing storage of copies of investigation documents and account transaction records;
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;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasoning for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant is the primary offender, the fact that he/she is going against the confession of the crime, the amount used for gambling, the period and frequency of gambling, and other records and arguments of this case, including the defendant's age, character and conduct, environment, circumstances of the crime, means and results of the crime, and the circumstances after the crime.