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(영문) 대전지방법원 서산지원 2016.06.23 2016고단206

국민체육진흥법위반(도박등)등

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1. The sentence against the accused shall be 5,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

A person, other than an entrusted business entity, who is a national sports promotion corporation and a person who is not an entrusted business entity, shall not engage in an act of offering property or property benefits (hereinafter referred to as "similar act") to a person who has correctly predicted the result of issuing (including issuing through an information and communications network) sports promotion voting rights or others similar thereto, and no person shall do gambling using such rights.

Nevertheless, on June 1, 2014, the Defendant subscribed to “G” as a member of “F,” a sports gambling site that imitates “C”, “D”, and “E,” etc. Around June 1, 2014, the Defendant deposited KRW 160,000,000 from June 11, 2014 to July 17, 2015, one bank account (Account Number: I) in the name of the Defendant (Account Number), new bank account (Account Number:J) to deposit money with the gold charging account designated by the site operator, and deposited KRW 30,000,000,000,000,000,000,000,000 won (hereinafter “G”) in accordance with the sports betting tickets, and received the total of KRW 10,50,000,000,000 from June 10, 2015 to July 10, 2015.

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 Korea Sports Promotion Foundation in Seoul Olympic Games and carried out gambling of KRW 402,34,50 in total amount of money to be paid habitually by using similar acts that offer property or financial benefits to a person who correctly predicted the result.

Summary of Evidence

1. Statement by the defendant in court;

1. Responses to requests on details of financial transactions;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods and frequency of crimes in the judgment;

1. Making use of similar acts as provided for in the corresponding provisions of the Act concerning criminal facts;