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(영문) 인천지방법원 2020.10.08 2020고단4468
국민체육진흥법위반(도박등)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

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 outcome by issuing the right to vote for promotion of sports or others similar thereto, and use them for gambling.

Nevertheless, around September 8, 2019, the Defendant opened a private sports gambling site (B) with his own mobile phone and wired a total of KRW 160,500,000 to the national bank account (Account Number D) in the name of the Defendant to which the operator of the said gambling site knew, and deposited the game money in Korea and abroad, and predicted the winning of various sports games that occurred at home and abroad. In line with the betting result, if he received the profit corresponding to the corresponding dividend rate and failed in the betting amount, he did so by means of loss of the game money. From that time to September 28, 2019, the Defendant funded a total of KRW 160,500,000 in total from around 35 times to September 28, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. The deposit details of the E-BA, and the new A-B A-BA details of major A transactions;

1. Application of Acts and subordinate statutes on the details of transactions of accounts in a new bank and a Kakao Bank account shall apply to each investigation report (the analysis of the name of the A, submission of suspect A's account details, and each suspect A's account deposit details);

1. Article 48 of the National Sports Promotion Act applicable to the relevant criminal facts, and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which promotes a speculative spirit, was that the Defendant committed an illegal sports gambling. The number of crimes is not so much large that the amount of funds used for gambling is considerably high.

However, the defendant commits a crime.

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