Violation of the National Sports Promotion Act

Acts that violate the National Sports Promotion Act are varied, but a representative example is illegal gambling in which money is wagered on a prediction of the outcome of a sports match, namely illegal Sports Toto.

Along with this, providing or operating a venue for illegal sports gambling also constitutes a violation of the National Sports Promotion Act.

Representative cases also include receiving, demanding, or promising money or property benefits in connection with a wrongful solicitation regarding a sports match, as well as promising, providing, or expressing an intention to provide property or property benefits in connection with such a wrongful solicitation.

Such violations subject not only the operator but also the participants to punishment, and where a person who holds the status of a public official violates the National Sports Promotion Act, a separate disciplinary action is taken.

Where illegal gambling is conducted in violation of the National Sports Promotion Act, the court may impose the collection of equivalent value in addition to a fine.

The collection of equivalent value is a measure for recovering illegal proceeds obtained through a crime, and under Article 48 of the Criminal Act, where there are monetary gains acquired through gambling, the court may order the return of all or part of them to the State.

Accordingly, where a person participates in or opens gambling such as private Sports Toto in violation of the National Sports Promotion Act, an obligation to pay an equivalent-value collection may arise along with criminal punishment.

Suwon District Court Ansan Branch, Judgment of August 25, 2021, 2021 Godan 1077

Busan District Court, Judgment of February 17, 2021, 2020 Godan 4711

To receive mitigation in a case involving a violation of the National Sports Promotion Act, it is important first to prove that your conduct amounted to no more than simple participation.

This is because conduct that was not a leading role or a planned act may serve as grounds for mitigation.

In addition, cooperating in resolving the case by turning yourself in or reporting from within may be viewed favorably and increase the possibility of mitigation.

If you have objective materials that can prove the absence of your responsibility, such as a state of mental and physical weakness, you should use them actively.

Sincere reflection and efforts to recover the harm after the crime can also help with mitigation, so you should honestly acknowledge the facts and show reflection during the police investigation and trial.

By contrast, attempting to conceal evidence or evade enforcement lowers the possibility of mitigation, so it must be avoided at all costs.

Unnecessary disputes or false statements may instead work against you, so you should remain faithful to the facts and seek legal advice.

In the end, to prepare for mitigation on your own, the most effective approach is to clarify the scope of your role and responsibility, cooperate actively in resolving the case, and show an attitude of reflection.

When you are subject to a police investigation on suspicion of violating the National Sports Promotion Act, it is important first to organize your conduct in an objective way.

It helps to calmly recall the circumstances surrounding your participation in illegal gambling or your provision of a gambling venue and to think through the content of your statement in advance to prepare for the investigation.

During the police investigation, it is important to restrain your emotions and respond calmly while keeping your statement consistent and specific.

Because investigative agencies place importance on judging the credibility of the suspect's statement, you should give accurate statements based on the facts.

In addition, unnecessary arguments or disputes during the investigation may instead work against you, so you should respond as calmly as possible.

When you appear at trial, you should state your position consistently, based on what you organized during the police investigation.

In the courtroom, you should keep a polite and calm demeanor and answer sincerely before the judge and the prosecutor.

Because a case involving a violation of the National Sports Promotion Act is a serious matter tied to illegal gambling, acknowledging your responsibility and showing sincere reflection can weigh favorably toward mitigation.

If harm has occurred, you should also prepare efforts to make it right.

If you wish to contest the judgment, you should learn the appeal procedure and time limits in advance and respond promptly.