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(영문) 대구지방법원 2016.05.12 2016고정504
국민체육진흥법위반(도박등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 2014, the Defendant subscribed to “E”, which is a sports gambling site that imitates “B,” “C,” and “D,” etc., a foreign-registered sports betting site, as a member of “F”.

In addition, from October 2, 2014 to February 26, 2015, the Defendant: (a) accessed the Defendant’s residential premises located in Daegu Northern-gu G apartment 3 Dong 102 using a PC; and (b) deposited gambling money into the gambling charging account designated by the site operator at the account in his/her name Suhyup Bank (H); and (c) predicted the failure of various domestic and overseas sports games, and (d) provided a single-name “sports Saturday” in which the Defendant paid dividends according to his/her failure.

Therefore, the Defendant deposited KRW 115,140,00 in total over 45 times, such as the attached list of crimes, and received KRW 93,547,00 in total over 29 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entity and the Seoul Olympic Winter Games Foundation, and habitually 208,687,000 won in total of money deposited and withdrawn by using a similar act that provides property or property benefits to a person who correctly predicted the result.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions of criminal accounts;

1. A screen of the gambling site;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and gambling being maximum;

1. Article 48 of the relevant Act on the facts constituting an offense, Article 48 subparagraph 3 of the Act on the Promotion of National Sports for the Selection of Punishment, Article 26 (1) (referring to gambling and gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (including habitually gambling, and inclusive thereof);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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