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(영문) 서울서부지방법원 2021.01.21 2020고단3122
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for nine months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who is not a national sports promotion corporation and a trustee of the Seoul Olympic Winter Games shall not issue sports promotion voting rights or things similar thereto (including the issuance through an information and communications network) and shall not provide goods or financial benefits to persons who win the result, and no person shall do gambling by using such prohibited acts.

Nevertheless, around August 18, 2018, the Defendant transferred KRW 1,000,000 to the F bank account in the name of the bank account, which is the charging account of the illegal private sports earth and sand (E) in the Defendant’s residence located in Mapo-gu Seoul Metropolitan Government B and C, and around that time, accessed the mobile phone to “G”, which is an illegal private sports earth and sand site using the mobile phone, and thereafter, performed the said gambling from around November 27, 2019, such as betting on the sports earth and sand games for which dividends are returned according to the result of the betting, such as winning, dancing, and plaque of the sports sports competition, until November 27, 2019, the Defendant transferred KRW 1,981,150,000 in total over 434 times, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Search warrant - details of deposits into the gambling site charging account, website photographs, response CIF data of financial institutions, crime sights, and screen of the G site;

1. Application of Acts and subordinate statutes to a criminal investigation report (the details of recognition of the gambling site/Attachment of relevant data, and attachment of a list of specific suspects and crimes);

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act that choose a sentence ( comprehensively, selection of imprisonment with prison labor);

1. The reason for the sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, amounts to one year and three months, and the frequency thereof amounts to 4.34 times, and the amount used for gambling funds exceeds 1.9 billion won. Meanwhile, it is a large amount of money exceeding 1.9 billion won. In addition to a single fine for the crime of this species, it is depthed that there is no particular record of committing the crime, and that there is

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