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(영문) 서울북부지방법원 2016.09.07 2016고단2602

국민체육진흥법위반(도박등)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall provide property or property benefits to a person who has correctly predicted the result by issuing sports betting tickets or similar things by a person, other than the Seoul Olympic Games Korea Sports Promotion Foundation and an entrusted business entity, and do so using such prohibited acts.

Nevertheless, around 12:33 on September 1, 2014, the Defendant, at the Defendant’s residence in Dongdaemun-gu Seoul and Dong 1202, connected to the Defendant’s smartphone site D, deposited KRW 1,00,000 into the Defendant’s smartphone account, and deposited KRW 1,000,000 into the E-company’s account, which is the deposit account of the said website, charged cyber money, and predicted the winning and points of the sports games, such as the axis, and carried out gambling by means of receiving dividends depending on whether the games were red as a result of the games. From that time to January 18, 2016, the Defendant deposited KRW 439,790,063 in total with the operation account of the said website over 527 times from that time to January 18, 2016.

As a result, the Defendant, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, was stuffed by issuing sports betting tickets or similar things and providing property or property benefits to persons who win at the betting.

Summary of Evidence

1. Defendant's legal statement;

1. Data to close a gambling site on screen;

1. Application of Acts and subordinate statutes to a report on investigation (in addition to suspect limits);

1. Article 48 subparagraph 3 of Article 48 and Article 26 (1) of the National Sports Promotion Act (Selection of Fine) comprehensively including the corresponding legal provisions and the choice of punishment for the crime;

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

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