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(영문) 서울중앙지방법원 2017.05.16 2016고정4440

국민체육진흥법위반(도박등)등

Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person shall not engage in an act of offering property or property benefits to a person who correctly predicted the result of sports promotion by issuing sports promotion betting tickets or similar things to the Seoul Olympic Sports Promotion Foundation or a person other than an entrusted business entity, and even though he/she did not do so by taking advantage of such prohibited act, the Defendant received dividends from 00,000 won to 15,00,000 won from the Defendant’s Han Bank E account to 2,00,000 won, and paid dividends from 0,000 won to 30,000,000 won from the Defendant’s name bank account to 30,50,000 won, and paid dividends from 0,000 won to 30,50,000 won or more from the above site to 10,50,000 won or more from the above site to 10,50,000 won or more from the above site’s dwelling.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (a copy of a warrant of search and inspection);

1. A report on internal investigation (on the website screen and a list of crimes);

1. Habituality of judgment: Application of Acts and subordinate statutes to recognize dampness in light of the method and frequency of crimes in the judgment, period of crimes, etc.;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea, Article 26 (1) (including gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act on the crime (including habitual gambling; hereinafter referred to as "gambling");

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;