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(영문) 창원지방법원 통영지원 2019.06.20 2019고단357
국민체육진흥법위반(도박등)
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

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall engage in gambling using property or property benefits (hereinafter referred to as "similar act") to persons who correctly predicted the result by issuing sports betting tickets or similar things.

Nevertheless, on August 28, 2018, the Defendant visited the Internet illegal private sports soil site (D) to exchange game money using a mobile phone, and deposited KRW 350,00 in the account under the name of limited liability company E (F) used by the above site operator and charged the corresponding game money. Under the method provided by the above site, the Defendant, in advance, predicted the result of overseas and various domestic sports games in accordance with the method provided by the above site, was paid dividends according to the dividend rate if he gets out of the game money. From February 20, 2019 to February 20, 2019, the Defendant deposited the above KRW 140,400,00 in total with the aforementioned method as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (attaching reports, etc.);

1. Article 48 of the National Sports Promotion Act applicable to the facts constituting an offense, Article 48 subparagraph 3 of the same Article, and Article 26 (1) of the same Act (the occupation of gambling using similar acts), the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the period and frequency of the crime, the actual amount used for gambling, the profit acquired through gambling is deemed to exist, the fact that the crime is attempted and not re-offending in the future, the fact that it is an initial offender who has no record of the crime, and the age of the defendant.

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