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(영문) 대구지방법원 포항지원 2018.08.29 2018고정211

국민체육진흥법위반(도박등)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a member of the “C” site for illegal sports gambling operated by B, etc.

On September 17, 2013, the Defendant deposited KRW 50,000 from the Defendant’s name bank account (D)’s account to the bank account (F) in the name of “C” site, and deposited KRW 50,000 from that time to March 18, 2015, the amount of KRW 78,910,000 via 187 as “the details of deposits” attached until March 18, 2015 was charged.

After that, with access to the site by mobile phones, computers, etc., the cyber money amounting to KRW 5,000 to KRW 1,000,000 was displayed, and the cyber money was returned in cash according to the fixed rate of distribution, by predicting the results of various sports games, such as domestic and foreign festivals, farming districts, etc., and then gambling was conducted in accordance with the actual results of the games or in accordance with the fixed rate of distribution.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning investigation records, such as written opinions on forwarding of operators of sites B, etc.;

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the Act on the Promotion of National Sports for the Selection of Criminal Facts, and Selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant had been punished several times for the same kind of crime and gambling-related crimes; the frequency and amount of gambling of this case are not significant; considering the circumstances favorable to the defendant's opposite nature, the defendant's age, environment, sex, motive, means and consequence of the crime; and other factors of sentencing specified in the arguments of this case, such as the defendant's age, environment, sexual conduct, motive, means and consequence after the crime, shall be determined as ordered by the text.