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(영문) 서울중앙지방법원 2017.04.21 2016고정4203

국민체육진흥법위반(도박등)등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The Defendant subscribed to the “C” account at around October 10, 2015, the Seoul Olympic Games Foundation and the Korea Sports Promotion Foundation, a person whose name is not the entrusted business entity, to the “B” account, which is an illegal sports soil site operated by the person who is not known, and transferred 200,000 won from the Defendant’s post office account (D), which is the deposit account of the above site, to the Korean bank account of Jinhee, Co., Ltd., Ltd., which is the deposit account of the above site, and received 200,000 won from the money for gambling, and received 00,000 won from the domestic and overseas sports games, such as livestock markets, farming districts, camping districts, and ladders, and 00,000 won in total, and 10,0000 won in the name of the said bank, 60,000 won in the name of the said bank, 25,000 won in the name of the said bank, and 25,006,06,000.

As a result, the defendant habitually gambling by using sports promotion voting rights or similar things issued by the Korea Sports Promotion Foundation in Seoul Olympic Games and by a person who is not an entrusted business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of investigation reports and deposits and withdrawals;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods and frequency of crimes in the judgment;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (as a whole, the point of gambling for similar acts) and Article 246 (2) of the Criminal Act (as a whole, the point of habitual gambling);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the National Sports Promotion Act with heavier punishment);

1. Selection of an alternative fine for punishment;

1. The Criminal Act to attract a workhouse;