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(영문) 대전지방법원 2017.12.19 2017고단4048
국민체육진흥법위반(도박등)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

No person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall gambling using the provision of property or property benefits to persons who win the result of the promotion of sports or the issuance of similar things.

Nevertheless, on August 20, 2015, the Defendant sent KRW 1,000,50 to the national bank account (E) in the name of D used at the above site by accessing the private sports-related gambling site in the PC, which was around August 20, 2015, and deposited KRW 1,000,50 to the private bank account in the name of D, which was used at the above site. After filling the corresponding amount of cyber money, the Defendant predicted the winning part of the sports games in which the winning is decided by chance, such as a foreign professional axis. If the predicted result is short, the Defendant was paid dividends in the form of cyber money in which cash withdrawal can be made according to the pre-determined dividend rate set on the website, and was called “private sports-related sports-related competition” in the manner of losing the betting machine if the predicted result is not clear.

In addition, from that time until March 2, 2016, the Defendant deposited a total of KRW 303,067,650 on a total of 348 occasions, as shown in the annexed Table of Crimes, and filled up cyber money corresponding thereto, and used it to gambling “private sports soil.”

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (to attach details of financial transactions and list of crimes);

1. Application of Acts and subordinate statutes to a report on investigation (whether it is related to the same kind of crime);

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a large amount of crime that encourages a speculative spirit and lowers the sound sense of work. In light of the fact that the gambling amount exceeds KRW 300,000,000, the period and frequency of gambling, and the size thereof, etc.

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