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(영문) 서울북부지방법원 2020.11.10 2020고단3845
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 or an entrusted business entity, shall provide property or property benefits to persons who issued sports promotion betting tickets or similar things and win up the betting results, and no person shall use them for gambling.

On September 14:18, 2019, at the Defendant’s residence located in Seongbuk-gu Seoul Metropolitan Government, the Defendant used his/her mobile phone and transferred KRW 3,000,000 to the national bank account (F) in the name of the Defendant’s bank account (D) in the name of the company in charge of the instant gambling site by accessing the Defendant’s own mobile phone to “C”, which is an Internet illegal sports earth’s gambling site, and was charged with the corresponding cyber money, and received the corresponding cyber money, and received the corresponding cyber money by betting the result of various sports games, such as the domestic camping games provided by the above site, and received dividends according to the dividend rate. From that time to November 25, 2019, the Defendant dambling by means of the aforementioned method after remitting the total amount of KRW 106,980,000 over 215 as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Seizure Warrant (2020-5396) - The details of deposits into a gambling site charging account, notification of data on the current status of financial transactions, and application of statutes on the details of each account transaction;

1. Article 48 subparagraph 3 of Article 48 and Article 26 (1) of the National Sports Promotion Act and the choice of imprisonment, collectively, with prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the defendant committed a crime similar to this case and was sentenced to a fine, again committed the crime of this case. In light of the period, frequency, amount, etc. of the crime of this case, it cannot be said that the size of the crime of this case is small, but the defendant does not repent the crime and repeat the crime.

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