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(영문) 광주지방법원 목포지원 2018.05.25 2018고정68

국민체육진흥법위반(도박등)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person, other than an entrusted business entity, who is the Seoul Olympic Games Foundation or the Korea Sports Promotion Foundation and a person who is not an entrusted business entity, shall not publicize sports promotion voting rights or things similar thereto (including the publication through information and communications networks) and provide property or financial benefits (hereinafter referred to as "similar act") to a person who correctly predicted the result, or mediate or arrange the purchase of sports promotion voting rights or things similar thereto, and no person shall do gambling by using such prohibited act.

The Internet website “B” was an illegal Internet sports soil site established for the foregoing similar act, and the Defendant deposited KRW 4,360,000 in total to the “B” website operation account as shown in the attached crime list from December 31, 2015 to May 30, 2016, and deposited KRW 4,360,000 in the “B” website’s Defendant account, and then filled in cyber money, and predicted the result of various domestic and overseas sports games, thereby putting cyber money in the games.

As a result, the Defendant received dividends in the form of cyber money which can be exchanged in cash in accordance with the pre-determined dividend rate on the “B” website at the time of the enemy, and carried out sports earth gambling in the way of losing the cyber money in the time of betting during the U.S., and received a total of KRW 9,050,000 from the “B” website operation account from January 11, 2016 to August 30, 2016, and received a transfer of KRW 9,050,000 from the “B” website operation account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of case records 2016-369);

1. Article 48 of the relevant Act concerning the facts constituting a crime and subparagraph 3 of Article 48 of the National Sports Promotion Act that selects a punishment, and Article 26 (1) of the same Act (Selection of a punishment);

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

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