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(영문) 광주지방법원 2020.07.23 2020고단1380
국민체육진흥법위반(도박등)
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 or an entrusted business entity, shall engage in an act of providing property or property benefits (hereinafter referred to as "similar act") to persons who correctly predicted the result by issuing sports betting tickets or similar things, and no person shall gambling using such act.

Nevertheless, from December 25, 2014 to November 8, 2019, the Defendant sent money to the Internet illegal private sports earth gambling site via a cell phone from B, etc. to the Internet illegal sports earth gambling site, and collected money from the account under the name of B, which is the deposit account of the gambling site, and deposited the corresponding game money, and betting money in accordance with the results of domestic and foreign sports games, and, if the predicted result is small, paid dividends in the form of cyber money which can be withdrawn in cash, and carried out a private sports earth entertainment by remitting total of KRW 640,567,936, total sum of KRW 1,316, as shown in the list of crimes in the attached Table.

Accordingly, the defendant was stuffed by using similar acts.

Summary of Evidence

1. Defendant's legal statement;

1. Domestic investigation report (receiving a list of crimes);

1. Application of the Acts and subordinate statutes on cooperative accounts, D bank accounts, and E bank accounts;

1. The relevant Article of the Criminal Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, all of which are the choice of punishment, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. A favorable circumstance and other favorable circumstances, such as the reason for sentencing under Article 62-2 of the Probation Criminal Act and the period, frequency, amount, etc. of the crime, however, that the nature of the crime is not weak in light of the following: (a) the defendant recognized his/her mistake and reflects the defendant; (b) there is no record of criminal punishment against the defendant; and (c) the defendant is addicted to gambling and is deemed to have been addicted to gambling; and (d) he/she seems to make considerable efforts to cut off with gambling.

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