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(영문) 서울북부지방법원 2017.03.31 2017고단271

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

No one shall gambling by using a prohibited act of offering property or property benefits to persons who win the result by issuing sports promotion voting rights or things similar thereto (including the publication through an information and communications network) to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

On April 28, 2013, the Defendant received dividends according to the fixed dividend rate if he/she predicted the result of the sports games, such as the axis provided at the above site, and predicted the result of the games by using a computer at the Defendant’s residence, Seoul Special Metropolitan City, Nowon-gu apartment B, 109 Dong 603, and remitted 600,000 won to the private sports venue “C,” which is the operation account of the above site, and he/she received charge, and predicted the result of the sports games, such as the axis provided at the above site, and took a gambling in a way that he/she loses the match. From around the above day to February 22, 2016, the Defendant used the above method, 196,000 won through the above method, as shown in the attached Table of Crimes, and used the gambling. At the same time, the Defendant was habitually banned from gambling.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on internal investigation:

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 has been 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 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. 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 period or frequency for the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is imminent.