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(영문) 인천지방법원 2016.10.07 2016고정2291

국민체육진흥법위반(도박등)등

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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On August 26, 2015, the Defendant was sentenced to imprisonment with prison labor for violating the National Sports Promotion Act (Gambling, etc.) at the Incheon District Court on August 26, 2015, and the foregoing judgment was finalized on January 26, 2016.

1. No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall gambling in a way that provides property or property benefits to persons who win at the betting results by issuing sports promotion betting tickets or similar thereto;

Nevertheless, on February 1, 2013, the Defendant visited the Internet gambling site (B) using the Defendant’s mobile phone, deposited KRW 1,370,000 in the charging account of the said site and charged the game money corresponding thereto. However, if he gets back the game money by predicting the result of the domestic and foreign sports games, etc. through the said site, and when he gets back the money in accordance with the set dividend rate, he ambling in the way of paying the dividend amount to the operator of the said site from the above date to March 28, 2015, the Defendant deposited KRW 971,420,000 in total over 179 times from the above date to March 28, 2015, as shown in the attached list of crimes.

As a result, the Defendant used the above acts prohibited by the National Sports Promotion Act to gamble and gambling at the same time.

2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access in using and managing the means of access;

Nevertheless, around October 24, 2014, the Defendant acquired the passbook, security card, authorized certificate, and password, which is a means of access, from the passbook (D) of the bank account in its name, and the check card, security card, authorized certificate, and password, which are connected to the passbook in the coffee store located in the French and Seo-gu Incheon, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. C.