beta
(영문) 창원지방법원 통영지원 2016.08.11 2016고단558

국민체육진흥법위반(도박등)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall gambling using any property or property interest (hereinafter referred to as "a similar act") for a person who has correctly predicted the result of sports promotion by issuing voting rights or similar things to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

Nevertheless, on April 6, 2015, the Defendant, at the Defendant’s house located in Tong Young-si B, used his own computer to enter the “C’ site of an illegal private sports soil site, which is not an official online sales site entrusted and operated by the Korea Sports Promotion Foundation to a sports soil corporation, and deposited KRW 2,00,000 in the account of the E-person’s bank (Account Number:F) designated by the site operator in the Defendant’s name. The Defendant deposited KRW 16,50,000 from around the day to April 8, 2015, deposited KRW 16,000 in the above account by using the same kind of money as indicated in the attached list of crimes, and deposited KRW 36,00,000 from around the day to April 8, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A notice on the C-site publicity of North Korea;

1. Colors of a C-site access screen;

1. Application of Acts and subordinate statutes to certificates of deposit transactions and detailed statements of deposit and withdrawal transactions;

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) reflects his or her mistake and does not repeat the offense, and the Defendant’s age is the same.