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(영문) 대구지방법원 2016.05.09 2016고정507
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 August 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 August 12, 2014 to January 8, 2015, the Defendant accessed the Defendant’s residence in Daegu Dong-gu GG 201 to the E site using PC, and deposited gambling money from his own national bank account (H) to the gambling charging account designated by the website operator at the site’s own bank account (H). The Defendant boomed the “sports ticket” in which the Defendant paid dividends according to his domestic and overseas sports sports games.

Therefore, the Defendant deposited KRW 180,130,00 in total over 51 times, such as the attached list of crimes, and received KRW 142,783,750 in total over 34 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 Games National Sports Promotion Foundation and issued them (including the issuance of sports promotion voting rights or similar things) and habitually 322,913,750 won in total in money and money in return for money.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions of criminal accounts;

1. Application of Acts and subordinate statutes to a copy of a screen of gambling site and a letter of financial information;

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 (including habitual gambling and gambling);

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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