Just before the start of the professional baseball regular season, there was an exclusive report by Ilgan Sports that “a player from a KBO league team engaged in illegal online gambling, and the Korea Baseball Organization (KBO) received a report on it.” Immediately after the report, attention was focused on which club was being accused. Meanwhile, the LG Twins announced on the 14th that Lee Chun-woong admitted to the charges.
The LG Twins said in a press release that day, “Lee Chun-woong admitted to the charges on the 12th. The club immediately notified the KBO Clean Baseball Center immediately after finding out the facts. disclosed and apologized. On the same day, Lee Chun-woong told the police that he turned himself in to participating in illegal online gambling.
As it has been about 10 days since the KBO requested an investigation, the specific charges will be revealed later. There are two main legal issues that need to be looked at at this point.
First, the meaning and illegality of ‘gambling’ prohibited by the law. Judicial precedent defines ‘gambling’ as a contest between the parties involved in property betting on the gain or loss of property by chance (Supreme Court 2002. 4. 12. Decision, 2001 Do5802). The purpose of punishing ‘gambling’ is to protect sound moral laws regarding the economy by punishing the acquisition of property not through legitimate work (Supreme Court 2008. 10. 23, sentencing, 2006 Do736 decision).
From this point of view, the 「Criminal Act」 stipulates that a person who gambles should be punished, with the exception of the case where it is merely a temporary amusement (Article 246 Paragraph 1). In case of habitual gambling, the penalty is increased (Article 246 Paragraph 2). In addition, those who open a place or space for gambling for profit and those who sell, broker, or acquire lottery tickets not in accordance with the law are also punished (Articles 247 and 248). At this time, gambling using information and communication networks such as the Internet rather than face-to-face is also subject to punishment. Furthermore, if the sports promotion voting rights stipulated in the 「National Sports Promotion Act」 are used for gambling or similar sports promotion tickets are created and used, punishment is also imposed (Articles 47, 48, and 49).
Currently, there is no report that Lee Chun-woong violated the 「National Sports Promotion Act」. It is presumed that he did not participate in gambling (illegal sports Toto) related to the outcome of an athletic event.
Second, the legal meaning and effect of ’embroidery’. The 「Criminal Act」 stipulates that the punishment can be reduced or exempted if one surrenders to the investigative agency after committing a crime (Article 52 Paragraph 1). It is different from accusation and accusation in that it reports one’s criminal facts, and it is different from confession, which admits the facts of a crime in response to an examination by an investigative agency. The precedent holds that the time of surrender should be prior to the litigation stage, regardless of whether it is before or after the discovery of the crime.
For example, there is a precedent for Mr. A, who voluntarily appeared and revealed the facts when there was no official summons from the investigative agency even though the facts of the charges began to be reported in newspapers. In order to be punished, Mr. A called the prosecutor in charge and asked for an investigation. He voluntarily appeared and wrote a statement admitting all the charges, and confessed to all the charges during the prosecution’s investigation, and his surrender was recognized (Supreme Court on September 9, 1994, sentencing, 94Do619 verdict). If the surrender is recognized, the sentence may be reduced or exempted. However, since it is an arbitrary rule, it is not illegal even if it is not reduced or exempted.
In a situation where the KBO requested an investigative agency to investigate Lee Chun-woong’s gambling allegations, Lee Chun-woong turned himself in. According to the above precedent, he is highly likely to be recognized as an embroiderer.
Currently, Lee Chun-woong has been removed from District 1 and is facing an investigation. As he admitted the charges himself, he will be sanctioned according to the KBO baseball rules as soon as possible. But this is not the end. The LG Twins registered Lee Chun-woong as a first-team player for five days after the opening. It is known that Lee Cheon-woong also denied the charges during the club’s investigation, but only admitted after the KBO requested an investigation. Both the club and the players will have to take the criticism. It is unfortunate that it is not related to the illegal sports promotion right to vote, but the reality that I feel that I have escaped the worst by surrendering. What remains now is reflection and improvement.토토사이트 I hope that the club’s promise in the apology will come true, and that the player will actively reveal the truth and cooperate with the investigation.