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(영문) 부산지방법원 2014.07.10 2014고정1964

국민체육진흥법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall gambling using a system for providing property or property benefits to persons who win at the betting results by issuing (including issuing via information and communications networks) sports promotion betting tickets or similar things made by a person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity.

Nevertheless, by leading up to a speculative spirit, the Defendant saw up to B to a large number of accounts, such as “C” (e.g., gambling method: sports game performance predicted, deposits in the sales account, and dividends in excess of the betting amount) via a private bank account opened in a foreign country (E), which is 32,946,50 won in total, over 180 times from April 3, 2013 to November 24, 2013, and 330 times in total, and 59,630,040 won in total, via a system that receives dividends of KRW 59,630,040 via a new bank account in the name of the Defendant (F).

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of the Acts and subordinate statutes on the details of deposits and withdrawals into the gambling operation account;

1. Article 48 of the National Sports Promotion Act applicable to the facts constituting an offense, and Articles 48 subparagraph 1 and 26 (1) of the same Act;

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

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