Text
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On October 17, 2014, the Defendant subscribed to “E”, which is a sports gambling site that imitates “B,” “C,” “D,” etc., a foreign-use sports betting site, as a member of “F”.
On October 17, 2014, from around March 3, 2015 to around March 3, 2015, the Defendant visited the E-site using the PC installed at the relevant location within the bits room near the Jindong-dong Jindong-si, U.S., and deposited the money for gambling with the gambling charging account designated by the site operator from the Suwon Bank Account “G” to the gambling charging account designated by the site operator in his/her own name, and carried out gambling “sports competition” in which the Defendant paid dividends according to his/her failure of various domestic and overseas sports games.
As such, the Defendant deposited KRW 113,560,00 in total over 50 times, as shown in the annexed crime list, and received KRW 107,266,00 in total over 42 times according to the result of the betting.
As a result, the Defendant issued sports promotion voting rights or similar things (including the issuance through information and communication network) by a person who is not an entrusted business entity and the Seoul Olympic Winter Games National Sports Promotion Foundation and issued them with gambling 220,826,00 won in total.
Summary of Evidence
1. Statement by the defendant in court;
1. Photographs of the gambling site;
1. Details of transactions on criminal accounts, account numbers of defendants, and account transactions;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime continues to be repeated for a long time;
1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea, Article 26 (1) (referring to gambling and gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act on the facts constituting an offense (a habitual gambling);
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the National Sports Promotion Act with heavier punishment);
1. Selection of an alternative fine for punishment;
1. Article 70 of the Criminal Act to attract a workhouse.