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(영문) 서울남부지방법원 2021.02.24 2020고단5832
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment for six 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

No person, other than an entrusted business entity, who is a national sports promotion Foundation or a national sports promotion corporation of the Seoul Olympic Games or an entrusted business entity, shall provide property or property benefits to persons who win the result by issuing voting rights for sports promotion or others similar thereto, and no person shall gambling by using such prohibited acts.

Nevertheless, around July 16, 2019, the Defendant connected the illegal sports gambling site ‘D’ by using a portable phone, etc. at the Defendant’s residential seat in Yangcheon-gu Seoul building B, Yangcheon-gu, Seoul, and deposited KRW 300,00 to the company bank account (F) in the name of Limited Company E, a company operating the said site, and deposited KRW 30,00,000, and collected cyber money by means of the above methods, such as betting by predicting the winning/th of the sports games, such as a axis, and receiving cyber money as a result of the games, and receiving the payment of cyber money according to whether it is in progress. From that time to May 10, 2020, the Defendant deposited KRW 217,60,000 in total over 74 times in total, as indicated in the list of crimes in the attached list.

Summary of Evidence

1. Statement by the defendant in court;

1. A screen of gambling site:

1. The application of Acts and subordinate statutes on account transactions (netly 4);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The period of gambling by the accused for sentencing under Article 62-2 of the Social Service Order Criminal Act is long, the number of times, and the amount is large.

The defendant has a criminal record of a fine due to the same crime.

However, the punishment shall be determined in consideration of the fact that the defendant is led to confession and reflect, the age, sex, environment of the defendant, the motive, means and result of the crime of this case, the circumstances after the crime, etc.

It is so decided as per Disposition for the above reasons.

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