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(영문) 대구지방법원 2016.05.04 2016고정518
국민체육진흥법위반(도박등)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Furthermore, from July 22, 2014 to September 17, 2015, the Defendant visited the E site using PC at the Defendant’s residence of Daegu Suwon-gu H Apartment-gu 302, and deposited gambling money to the gambling charging account designated by the site operator from two accounts, such as the “I” and the “J” of the post office account in his name, etc., and deposited the gambling money with the gambling charging account designated by the site operator, and predicted the winning of various domestic and overseas sports games, and received KRW 267,560,00 in total over 148 times as shown in the attached list of crimes, and received KRW 233,88,750 in total over 129 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 with gambling of KRW 501,448,750 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions;

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 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (a comprehensive, the point of gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (a comprehensive, the point of habitual gambling);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the National Sports Promotion Act with heavier punishment);

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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