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(영문) 부산지방법원 2016.04.07 2016고단209

국민체육진흥법위반(도박등)

Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall not engage in an act of offering property or property benefits to persons who win the result by issuing sports promotion voting rights or things similar thereto, and no person shall gambling using such an act.

Nevertheless, around October 21, 2013, the Defendant: (a) deposited members with smartphones from 23:09, Busan Youngdo-gu B, 3:505, and sent 50,000 won to the National Bank Deposit Account (H) in the name of the Defendant’s (F) Han Bank Deposit Account in the name of the Defendant; (b) deposited in the game money by remitting 50,000 won to the National Bank Deposit Account in the name of Han Bank in the name of the Defendant; and (c) deposited in the game money in the manner of receiving dividends according to the result of the betting; (d) received dividends from around November 19, 2015, and remitted 10,000 won to 30,000 won in total as indicated in the [Attachment]’s list from around November 19, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions of deposits and withdrawal, and details of financial transactions;

1. Application of water-related Acts and subordinate statutes by cutting down a screen of each gambling site;

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the Act on the Promotion of National Sports for the Selection of Punishment (in all cases, selection of fines);

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The reason, period, and frequency of the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment, and the nature of the crime is not weak in light of the amount of gambling, but the defendant is seriously against the defendant, and there is no criminal punishment except for one criminal record of a fine for drinking driving in 2006, and the punishment is determined as ordered in consideration of the sentencing conditions, such as the defendant's age, sexual behavior, environment, etc.