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(영문) 의정부지방법원 2016.04.14 2015고단4763
국민체육진흥법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

A person, other than an entrusted business entity, who is a national sports promotion corporation and a person who is not an entrusted business entity, shall not publicize the act of providing property or property benefits (hereinafter referred to as "similar act") to a person who has correctly predicted the result by publishing sports promotion voting rights (including the publication through an information and communications network) or others similar thereto, or act of mediating or arranging the purchase of sports promotion voting rights or things similar thereto.

Nevertheless, from December 28, 2014 to March 25, 2015, the Defendant promoted a private sports conference site, such as 'D', which is being used by the Defendant by accessing the African TV site near the Gai-ri-si, YA-si, YA-si, the Defendant used as a lodging house, and caused people who view African TV to join the above D’s site by advertising the same as 'D', which is being used as a living broadcast by accessing the African TV site from the Gai-ri, NBA, overseas axis, etc., to join the said D’s site as a member, and caused the members to deposit the said account with the Defendant’s new bank E account in the name of the Defendant for the purpose of charging for the reserve, and let them take money with the winning, score, etc. of the said sports competition, and refund prize money to the members who correctly predicted the result, or arranged to purchase voting rights or to act similar thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of G, H, I, and J;

1. A statement of account transfer;

1. Investigation reports (the details of receipt of reports on illegal sports gambling sites by the National Sports Promotion Foundation);

1. Investigation report (Attachment of a file of transaction details of a criminal account);

1. Application of the Acts and subordinate statutes to photograph the CCTV withdrawn from the criminal account by capturing it;

1. Relevant Article of the relevant Act concerning the facts constituting an offense, and subparagraph 1 of Article 49, and Article 26 (2) 3 (Selection of Penalty Surcharge) of the National Sports Promotion Act concerning the selection of 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;

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