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(영문) 대구지방법원 서부지원 2016.05.20 2016고단490

국민체육진흥법위반(도박등)등

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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On October 2014, the Defendant subscribed to “E”, which is a sports gambling site that imitates “B”, “C”, and “D,” etc. as a member of “E,” which is a foreign sports betting site, and received a total of KRW 262,100,000 from the SC bank account designated by the above site operator to the account designated by the above site operator, and received the betting result from around October 12, 2014 to February 11, 2015, and received a dividend of money as prescribed in attached Table 265,70,750, and 250,000 won from around October 25, 2015 to around February 11, 2015.

As a result, the defendant habitually gambling by issuing sports promotion voting rights or similar things to those who are not the Seoul Olympic Sports Promotion Foundation and those who are not the entrusted business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of a letter of transfer of the relevant case;

1. A copy of a letter of call on financial information, screen of gambling sites, and details of suspect transactions;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method and frequency of crimes in the judgment, and the planned and repeated crimes of the same kind;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) (including the occupation of gambling using similar acts, such as the right to vote for the promotion of sports, including the right to vote for the promotion of sports), Article 246 (2) and Article 246 (1) of the Criminal Act (including the occupation of habitual gambling, and all of them);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The period for sentencing of Article 334(1) of the Criminal Procedure Act is not shorter than the period for the defendant to gambling.