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(영문) 인천지방법원 2016.05.19 2016고단1309
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

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 May 7, 2015 to October 4, 2015, the Defendant subscribed to a member of the Defendant’s house located in Bupyeong-gu B and 702, Incheon, by using smartphones to C and D, an illegal sports soil site, and deposited cash with the account of 10580250250886, the company name of the limited company affiliated with the limited liability company, which is used on the above site, with a deposit of money equivalent to the amount of money deposited. Upon receiving the money deposited, the Defendant predicted the result of the failure of the sports games, such as the camping and axis, home and abroad offered on the above site, and deposited the betting amount using the same charged game machine, and received dividends from the same method as indicated in the attached list of crimes, and received 3259,280,000,000 won through the payment of dividends, and received 300,3750,370, and 370,000 won from the national sports promotion Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the website screen and the details of transactions in the F account;

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 (as a whole, point of any act similar to the right to vote for sports promotion), Article 246 (2) and Article 246 (1) of the Criminal Act (as a whole, point of habitual 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. In light of the period, frequency, and scale of the sentencing of Article 334(1) of the Criminal Procedure Act, the crime is inferior.

However, the fact that the defendant is recognized as committing his crime and is against himself, and that he does not repeat his crime;

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