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(영문) 의정부지방법원 고양지원 2014.04.29 2014고정462

국민체육진흥법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, may issue sports betting tickets or similar things (including the issuance thereof by means of information and communications networks) and provide property or financial benefits (hereinafter referred to as "similar act") to persons who win at the betting.

In addition, gambling shall not be conducted by using similar acts.

Nevertheless, from December 9, 2012 to December 10, 2013, the Defendant sent 22,206,000 won to the Korean bank account (F) in the name of G in the name of the above site operator, with the intent of having access to the sports entertainment site called “C (hereinafter referred to as “C”) and having the operator go for gambling in accordance with the rate of various sports games set in advance. The Defendant paid 300 times the above amount of money by having access to the sports entertainment site of “D” and opened the said site as “E,” with the intent of having access to the said site as an “D” or “E,” and the Defendant paid 30 times the above amount of money for 186 times through a bank account (H), etc. in the name of G, which is managed by the above site operator, and received the above amount of money, and then having been paid 22,206,000 won in accordance with the above amount of money.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the relevant statutes to the details of entry and withdrawal between the operating account and the suspect account;

1. Article 48 subparagraph 1 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.