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(영문) 부산지방법원 2018.08.20 2018고정1068

국민체육진흥법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Seoul Olympic Games National Sports Promotion Foundation and any person, other than an entrusted business entity, shall not issue sports promotion voting rights or things similar thereto (including the issuance of sports promotion voting rights or things similar thereto through an information and communications network) and provide property or financial benefits (hereinafter referred to as "similar act") to persons who win the result, and no person shall do gambling by using such prohibited act.

around 04:04 on December 22, 2016, the Defendant connected to “C”, a mobile phone (B), the Internet illegal sports soil site, and deposited KRW 4 million in its name, from the Busan Bank account (D) to the E bank account (F) that is used for the above site refund and charging, and deposited in the game money. After predicting the outcome of various sports games, the Defendant received dividends in the form of cyber money that can be withdrawn in accordance with the pre-determined dividend rate set on the site if the result of the prediction and predicting is heavy, the Defendant received dividends in the form of cyber money that can be withdrawn in accordance with the pre-determined dividend rate set on the site, and was boomed in the way that he loses the cyber money that he did not know, and thereafter, deposited KRW 120,000 through December 30, 2016 in total from 1200 to 940,000 on the Internet as shown in the attached list.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a detailed statement of transactions of entry and withdrawal;

1. Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) (including provisions) of the relevant Act on criminal facts;

2. Selection of an alternative fine for punishment;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.