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(영문) 의정부지방법원 2020.10.26 2020고단3888
국민체육진흥법위반(도박등)등
Text

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

except that 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 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, at around 11:03 on April 3, 2019, the Defendant connected the Internet sports gambling site “B (C, etc.)” with smartphones, and then transferred KRW 1,000,000 from the said Internet sports gambling site’s account to the new bank account in the name of D (E) managed by the said Internet sports gambling site operator, and deposited cyber money, and conducted sports betting by predicting the winning of games, such as stables, camping districts, and deaf-gu, and exchanging the results of betting in a hostile manner, from August 25, 2017 to June 12, 2020, the Defendant provided gambling by remitting KRW 2,739,240,000 in total.

As a result, the Defendant habitually stuffed with the issuance of sports betting tickets or similar things by a person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, to provide property or financial benefits to the persons who win at the betting.

Summary of Evidence

1. Defendant's legal statement;

1. Embling site closures, details of account transactions, details of transactions, and photographic photographs of mobile phones;

1. Investigation report- execution and result of a warrant of search and seizure (2020-5213);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the content of the crime, method of commission of crime, scale of gambling funds, and the long-term repetition of the crime;

1. Subparagraph 3 of Article 48 of the National Sports Promotion Act and Article 26 (1) (the occupation of gambling using similar acts) of the same Act concerning facts constituting an offense and Article 246 (2) and (1) of the Criminal Act (the occupation of habitual gambling);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The defendant, including the following circumstances for sentencing under Article 62(1) of the Criminal Act, shall be subject to suspended execution.

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