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(영문) 수원지방법원 성남지원 2019.08.29 2019고단1349
국민체육진흥법위반(도박등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes 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 October 1, 2014 to September 15, 2017, the Defendant subscribed to “D (E, F, G, etc.)”, which is an illegal Internet sports soil site, in the building C, etc. of Jung-gu Seoul, Seoul, and then transferred the amount of KRW 410,764,100 in total to the K Bank account (L) in the name of the Defendant in the name of HF (I) in the name of the KF account in the name of the KF bank (L), which is the deposit account of the said site, to the KF bank account in the name of the said site, and charged the same amount of money in total, as shown in the separate crime list, after betting the game money in advance on the expected result of the games, such as the winning or points of the various domestic and foreign sports games, and then gambling in a way that he loses the amount of betting money or is entitled to a refund of the designated rate of dividends.

As a result, the Defendant committed an act of providing property or property benefits to a person who correctly predicted the result by issuing sports betting tickets or similar things, or used them for gambling at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A certified copy of a internal investigation report (D’D’’’ site receipt, etc.)-

1. Habituality of judgment: Application of Acts and subordinate statutes that recognize dampness in light of the frequency of crimes, repeated details, etc.;

1. Subparagraph 3 of Article 48 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning facts constituting an offense (the violation of prohibition against similar acts), and Article 246 (2) and (1) of the Criminal Act (the violation of prohibition against similar acts);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a crime of violating the National Sports Promotion Act heavier than punishment);

1. Selection of penalty;

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