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(영문) 대구지방법원 포항지원 2016.06.29 2016고단322

국민체육진흥법위반(도박등)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

No person shall gambling using "the act of offering property or property benefits to a person who has correctly predicted the result of sports promotion by issuing voting rights or a similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity".

Nevertheless, the Defendant, at around December 6, 2014, visited the Defendant’s residence in South-gu, Nam-gu, B by using a computer to “C” and “D”, a private sports soil site, and deposited KRW 500,000 won on the Defendant’s account in the name of the Defendant’s (state) bank account (73820,0005172) in the above site, conducted a showing the result of the sports competition provided at the above site, and if it is difficult to receive dividends in accordance with the fixed dividend rate, he/she did so in a way that the operator of the relevant game machine was entitled to receive dividends at the same time, and deposited KRW 30,70,700,70,700,000 in total over 60,700,000,000,000 won from around the above day to February 27, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A screen of the gambling site (C, D);

1. Response to a request for financial transaction information;

1. Domestic investigation reports (in cases of transfer of the relevant case, such as violation of the Promotion of National Sports, and requests for provision of financial transaction information, customer information, etc. on suspect accounts);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the number of crimes, frequency of crimes, and multiple 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, Article 26 (1) (referring to gambling and gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (including habitual gambling and gambling);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.