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(영문) 의정부지방법원 고양지원 2017.12.19 2017고정852

국민체육진흥법위반(도박등)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 15, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of violating the National Sports Promotion Act in the Goyang Branch of the District Court, and the said judgment became final and conclusive on April 27, 2017.

No person shall gambling using any act of offering property or property benefits to persons who win the result of sports promotion by issuing voting rights or a similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

Nevertheless, between October 31, 2015 and November 1, 2015, the Defendant: (a) connected the Defendant’s home located in Gangseo-gu Seoul Metropolitan Government to “C”, which is an Internet illegal sports gambling site operated by the Korea Sports Promotion Foundation for the Korean Olympic Games and an entrusted business entity; (b) remitted total of KRW 6 million to the account of the Nonghyup Bank in the name of the said site (Account Number: 351-076-8925-93), which is the gambling account; and (c) charged cyber money by sending the total of KRW 6 million to the account of the Nonghyup Bank in the name of the said site (Account Number: 351-076-076-893), such as a axis, camping, etc.; and (d) anticipated the outcome of the actual sports competition, and carried out the said cyber money and received dividends depending on whether or not the money was distributed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant (including part concerning the list of crimes);

1. Data to close a screen of access to the website of the Internet sports Saturdays;

1. Previous convictions in judgment: Application of the text of judgment and the Acts and subordinate statutes governing detailed inquiries in cases;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;