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(영문) 수원지방법원 성남지원 2019.08.13 2019고단1342
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No person, other than the Seoul Olympic Sports Promotion Foundation and an entrusted business entity, shall perform an act of offering property or property benefits to persons who win up the result by issuing sports betting tickets or similar things, or gambling by using them.

Nevertheless, from January 15, 2019 to March 31, 2019, the Defendant joined the Defendant’s residence as a member of the “D,” which is the Defendant’s business bank account in the name of E Bank (F) in the name of E Bank (H) that is the filling account of the said site, and remitted the total amount of KRW 165,710,000 over 197 times in total, as shown in the list of crimes in the attached Table, and charged the same amount of money. From January 15, 2019 to March 31, 2019, the Defendant used the game money in a way that he loses the betting amount or is entitled to refund the dividend of the designated rate after betting money in accordance with the predicted result of the games, such as the winning or winning of the betting amount before conducting various domestic and foreign sports games.

Summary of Evidence

1. Defendant's legal statement;

1. Data attached to the police interrogation protocol of the accused (16-29 pages of investigation records);

1. Application of Acts and subordinate statutes to investigation reports (Evidences related to sports gambling D sites);

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 order is issued, comprehensively taking into account the following factors: the amount used by the defendant for sentencing under Article 62(1) of the Criminal Act as gambling; the period and frequency of gambling; the fact that the defendant has been punished by a fine for the same kind of crime in 2017; the confession of the crime; the defendant's age, character and conduct, environment, circumstances of the crime; the means and consequence of the crime; and the circumstances after the crime.

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