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(영문) 의정부지방법원 2020.11.26 2020고단3106
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 shall gamble, using property or property benefits to persons who win the result by issuing sports betting tickets or similar things, by a person, other than the Seoul Olympic Sports Promotion Foundation or its entrusted business entity.

Nevertheless, the Defendant, at a place unknown on October 8, 2019, connected to “B”, which is an illegal sports gambling site, using a mobile phone, deposited KRW 100,00 in the name of C, a money exchange account used on the said site, and charged the corresponding amount with the game money, and then gambling was performed in such a way as above, including gambling in a way that no return has been made if he/she would return money in accordance with the fixed dividend rate if he/she anticipated the failure to work at home and abroad and gets up with the result of putting up the game money. In addition, from around that time to February 19, 2020, the Defendant deposited the total amount of KRW 111,240,000 in total over 483 times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to each place of criminal and each place of internal investigation;

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 (generally and collectively, 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 of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Act on Provisional Payment Order was that the total amount of the gambling amount exceeded KRW 100 million by using the illegal sports gambling site for several months, and the nature of the crime is not easy.

However, there are more favorable circumstances, such as the fact that the defendant recognized the crime of this case and did not repeat the crime, the fact that there is no record of punishment, and other various sentencing conditions as shown in the arguments of this case, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances before and after the crime.

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