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(영문) 대구지방법원 서부지원 2016.04.28 2016고단452
국민체육진흥법위반(도박등)등
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

No person, other than an entrusted business entity, shall engage in an act of offering property or property benefits to persons who win at the results of sports promotion by issuing voting rights or a similar things or gambling using such rights.

Nevertheless, from September 22, 2014 to October 3, 2015, the Defendant: (a) subscribed to “E” to “D”, a private sports venue in the Internet (F) under the name of the Defendant; (b) transferred KRW 353,260,000 in total to G company bank accounts in the name of G, a deposit account in the said gambling site, etc. 86 times in total, from around 86 times as shown in the list of crimes; and (c) received a deposit of the game money used for gambling, and (d) received a total of KRW 153,00,000 in total, by predicting the outcome of the sports game on board, such as a stable, deaf, spawn, and camping, from around 107 to 701, the Defendant received the total of KRW 130,500,000 in advance, and received the dividend of KRW 40,300,000,000.

As a result, the defendant habitually provided sports promotion voting rights or similar things to the people who win at the same time and used the act of providing property or property benefits to the people who win at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. - Copy of the letter of transfer of the relevant case;

1. - The screen of gambling site;

1. - The letter of financial information return, - The details of account transactions for deposits and withdrawal.

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods, frequency of crimes, and the fact that the same kind of crime has been repeated at least 10 times for a period of not less than one year;

1. Article 48 of the relevant Act as to the facts constituting an offense, and Articles 48 subparag. 3 and 26 subparag. 1 of the National Sports Promotion Act (a comprehensive act of similar act to the sports promotion voting right), Articles 246(2) and 246(1) of the Criminal Act (a comprehensive act, and habitually gambling).

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