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(영문) 대전지방법원 천안지원 2017.04.13 2017고정91
국민체육진흥법위반(도박등)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On March 2016, the Defendant had access to the illegal sports gambling site C operated by a person whose name is unknown at his/her residence in Pyeongtaek-si B, 401.

The site was a place where a sports gambling in the way of receiving money from the operators according to the rate of distribution at the time of the enemy, by predicting the result of the domestic and foreign sports game failure.

On March 17, 2016, the Defendant deposited KRW 1,00,000 in the operation account of Han Bank account (D) under the name of the Defendant, the Defendant deposited KRW 50,60,000,00 in a total of 44 times from around that time to March 26, 2016, including the deposit of KRW 1,00,00 in the operation account of Han Bank account (F) under the name of Han Bank account (F) of the said “C” website, and deposited KRW 50,60,000 in the sports competition.

As a result, the defendant habitually gambling by issuing sports promotion voting rights or similar things to those who are not the Seoul Olympic Sports Promotion Foundation and those who are not the entrusted business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of persons who deposits illegal sports gambling sites;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the number, frequency, period, etc. of crimes in the judgment;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) (including gambling and gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act on the criminal facts (including habitual gambling, including habitual gambling);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the National Sports Promotion Act with heavier punishment);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the method and frequency of crimes, the amount to be admitted, and the Defendant acquired any pecuniary benefits by the act indicated in the judgment, in most of the inputs.

It is difficult to see that the defendant is illegal gambling in the police.

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