CONTENTS
- 1. A Client Who Violated the National Sports Promotion Act
- 2. The Charge of Violating the National Sports Promotion Act
- - Level of Punishment
- - The Difference From the Crime of Gambling
- 3. Accompanying the Client Through the Police Investigation
- - Defense for the Client
- 4. The Outcome of the Defense for the Client
1. A Client Who Violated the National Sports Promotion Act
This is the account of a client who came to the firm, explaining that they were facing a police investigation for violating the National Sports Promotion Act.
The attorney set out to understand the client's case, and the details were as follows.
The client explained that about a year earlier, they had become absorbed in online sports betting and had gambled by wagering roughly 100,000 to 300,000 won every day.
However, after losing a large sum, the client resolved never to gamble again and did not access a single gambling site after that.
One day, the client received a request to appear from the police on suspicion of violating the National Sports Promotion Act.
The client explained that, alarmed at receiving the police request to appear, they came in, and asked the attorney to accompany them through all of the proceedings to come.
2. The Charge of Violating the National Sports Promotion Act
🔗Violation of the National Sports Promotion Act We reviewed the account of a client saying they were facing this charge.
The National Sports Promotion Act is a law whose purpose is to promote national sports, to strengthen solidarity through physical activity, to protect the human rights of athletes through fair sportsmanship, and to contribute to the realization of a healthy community by enhancing the happiness and self-esteem of the people.
The most representative example of a charge of violating the National Sports Promotion Act is gambling using illegal sports betting, as in this client's case.
There is no problem with legal sports betting, but illegal sports betting is punishable.
Level of Punishment
The National Sports Promotion Act strictly prohibits similar acts as follows.
If this statute is violated, the charge of violating the National Sports Promotion Act applies, and the following level of punishment is imposed.
3. A person who gambles by using the prohibited act under Article 26 (1)
The Difference From the Crime of Gambling
The client charged with violating the National Sports Promotion Act said they had gambled on an illegal sports betting site, so what is the difference from the crime of gambling?
Supreme Court Decision 2006Do736 holds that gambling is staking property and determining its gain or loss by chance.
🔗Gambling carries a relatively low level of punishment, a fine of not more than 10 million won, whereas if the charge of violating the National Sports Promotion Act applies, a higher level of punishment is imposed.
The reason is that sports betting is a national policy project operated by the National Sports Promotion Foundation to raise the National Sports Promotion Fund, so illegal sports betting is strictly regulated.
To summarize, a simple gambling charge carries a fine of not more than 10 million won, while a charge of gambling using illegal sports betting carries imprisonment of not more than five years or a fine of not more than 50 million won.
3. Accompanying the Client Through the Police Investigation
For the client charged with violating the National Sports Promotion Act, the attorney organized the direction of the statement before the police investigation.
The client explained that, through this process, they were able to practice answering anticipated questions, avoid making unfavorable statements, and ease their nerves.
The attorney then accompanied the client through the police investigation and presented arguments.
Defense for the Client
Following the client's police investigation, a decision was made to refer the case to the prosecutors' office.
For the client, the attorney submitted a defense counsel's opinion to the prosecution emphasizing the following.
The client submitted a pledge to abide by the law and a pledge to prevent reoffending, and is making efforts to prevent reoffending.
The client received gambling reoffending-prevention education and psychological counseling treatment.
4. The Outcome of the Defense for the Client
As a result of the attorney's defense for the client, the client was charged through a summary indictment at the prosecution stage, the sentence was then confirmed by the court, and the client received a minor fine.
The client had faced the prospect of severe punishment for illegal sports betting, but was able to receive only a minor fine with the attorney's assistance.
A simple crime of gambling must never be committed, but illegal sports betting carries greater punishment, so caution is required.
If you are facing a police investigation on a charge of violating the National Sports Promotion Act, to seek mitigation, please obtain a 🔗attorney referral and request a response.
The attorney will assist in defending against punishment by raising favorable sentencing factors in the client's case.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
