(영문) 대구지방법원 2020.06.17 2020고단1235

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2020.06.17 2020고단1235

국민체육진흥법위반(도박등)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall gambling in return for offering property or property benefits to persons who correctly predicted the result of issuing sports betting tickets or similar things.

Nevertheless, from July 18, 2017 to July 7, 2019, the Defendant had access to “D, E (F, G, and H)”, an Internet private sports soil site, at the Defendant’s account (J, K) and L Bank account (M) in the name of the Defendant, and transferred total of KRW 197,357,500 on a total of 741 occasions as shown in the list of crimes in the attached list of crimes, and predicted the result of various domestic and overseas sports games, such as the stable, farming district, and camping district, and if the result of the games was predicted, the Defendant received dividends according to the pre-determined dividend rate, and if the result of the games was not carried out by the above website operator, he/she did not bring about the Defendant’s money.

As a result, the Defendant, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, was stuffed by issuing sports betting tickets or similar things and providing property or property benefits to persons who win at the betting.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on investigation (a suspect A's entry and departure, confirmation of details of transactions in each account, and details of transactions in each account);

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 (generality of fines and selection of fines);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not apply because a fine has been selected;

2. The grounds for sentencing, as follows, the age, character and conduct, the environment and the motive of committing the crimes of the accused:

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