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(영문) 대구지방법원 2016.04.15 2016고정479
국민체육진흥법위반(도박등)등
Text

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

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

Reasons

Punishment of the crime

On November 2014, the Defendant subscribed to “C” as a member of “C,” which is a sports gambling site that imitates “Sbobet”, “Pinnacle”, and “ibc”, etc., which are a foreign sports betting site.

From November 6, 2014 to January 24, 2015, the Defendant visited B site using PC at the Defendant’s home located in Daegu-gu, Daegu-gu, and deposited gambling money from the national bank account in the name of the Defendant to the gambling charging account designated by the site operator at the national bank account (E) in the name of the Defendant, and boomed the “sports competition” in which the Defendant paid dividends according to the relevant domestic and overseas sports sport plaque.

As such, the Defendant deposited KRW 143,140,00 in total over 84 times, such as the annexed crime list, and received KRW 175,878,500 in total over 103 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 Korea Sports Promotion Foundation of Seoul Olympic Games and issued them (including the issuance through information and communication network) and habitually 319,018,50 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographss by cutting down the website;

1. A copy of the letter of credit for financial information, and details of transactions of criminal accounts;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime continues to be repeated for a long time;

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 on the facts constituting an offense (a habitual gambling);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the National Sports Promotion Act with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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