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(영문) 대구지방법원 2016.04.08 2016고정347

국민체육진흥법위반(도박등)

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

No person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall gambling using the right to vote for sports promotion or those similar thereto to provide property or property benefits to those who win the result.

The Defendant: (a) opened and designed the production and design of C, D; (b) opened a private sports soil site (H, I, J, and K) operated by E, F, and G as a member; and (c) opened a gambling site with money in excess of the predetermined dividend rate in accordance with the results of various domestic and overseas sports games; and (d) failed to pay money in excess of the predetermined dividend rate, the Defendant deposited KRW 1,03,260,000 in the total two accounts, including P, etc. in the name of the Bank M, Enterprise Bank N, as shown in the attached Form, using his own home computer in Daegu-gu, from March 7, 2015 to June 25, 2015, through the method of loss of money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on the gambling site screen;

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the Act on the Promotion of National Sports for the Selection of Punishment (in all cases, selection of fines);

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;