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(영문) 대구지방법원 2016.05.04 2016고정531

국민체육진흥법위반(도박등)등

Text

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

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

Reasons

Punishment of the crime

In November 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”.

Furthermore, from November 15, 2014 to July 3, 2015, the Defendant visited the Daegu-gu G apartment, and from the Defendant’s residence, 503 Dong 104 Dong 104, to the E site using the PC, deposited gambling money from his own national bank account “H” to the gambling charging account designated by the site operator, and predicted the failure of various domestic and overseas sports games, thereby making a single-name “sports competition” gambling in which dividends are paid according to the winning, and received KRW 109,270,000 in total over 61 times as shown in the separate crime list. According to the betting amount, the Defendant received KRW 97,100,000 in total over 444 times.

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 National Sports Promotion Foundation and issued them with gambling of KRW 206,370,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions on screen and criminal account after closure on the website;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and gambling being maximum;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;