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(영문) 창원지방법원 통영지원 2017.06.19 2017고정155

국민체육진흥법위반(도박등)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 7, 2016, the Defendant was sentenced to eight months of imprisonment for fraud in the Jeonju District Court's Military Accounting Branch, and the above judgment became final and conclusive on January 16, 2017.

No person shall gambling using any property or property interest (hereinafter referred to as "a similar act") for a person who has correctly predicted the result of sports promotion by issuing voting rights or similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

Nevertheless, on March 9, 2014, the Defendant joined as a member by accessing the illegal private sports soil site B (domer occasional change) at the PC room located in the military and mountainous village, and deposited KRW 100,500 to the account of the National Bank (E) designated by the above site operator in the name of the Defendant, and received the corresponding game money, and used the similar act, such as betting, from around April 15, 2015, the Defendant deposited KRW 107,628,700 in total over 628 times from that time to April 15, 2015, and deposited KRW 107,500 in the account of the National Bank under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (a copy of the records of cases related to the gambling actor);

1. Previous convictions: Inquiries by residents, inquiry about criminal history, and application of Acts and subordinate statutes of investigation report (including the case of a criminal history under guard);

1. Article 48 of the relevant Act concerning the facts constituting a crime and subparagraph 3 of Article 48 of the National Sports Promotion Act that selects a punishment, and Article 26 (1) of the same Act (Selection of a punishment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;