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(영문) 대구지방법원 2016.04.15 2016고정438

국민체육진흥법위반(도박등)등

Text

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

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

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., a foreign-registered sports betting site, as a member of “F”.

In addition, from October 3, 2014 to October 5, 2015, the Defendant visited the H site using PC and smartphones at the Defendant’s residence in Daegu Dong-gu G, Daegu-gu, and deposited gambling money into the gambling charging account designated by the website operator from “I” to the gambling charging account designated by the site operator in his/her own name, and carried out gambling in a single name, which has dividends on the winning of various domestic and overseas sports games by predicting the winning of various domestic and overseas sports games.

As such, the Defendant deposited KRW 407,860,00 in total over 131 times, as shown in the annexed crime list, and received KRW 214,803,00 in total over 60 times according to the result of the betting.

As a result, the Defendant issued sports promotion voting rights or similar things (including the issuance through information and communication network) by a person who is not an entrusted business entity and the Seoul Olympic Winter Games Foundation and habitually 62,63,000 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographss by cutting down the website;

1. A copy of the letter of credit for financial information, and details of transactions of criminal accounts;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime continues to be repeated for a long time;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea, Article 26 (1) (referring to gambling and gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act on the facts constituting an offense (a habitual gambling);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the National Sports Promotion Act with heavier punishment);

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 order of provisional payment;