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(영문) 대구지방법원 서부지원 2016.07.13 2016고정269
국민체육진흥법위반(도박등)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 July 9, 2014 to October 2, 2015, the Defendant subscribed to “E” and “G” to the Internet private sports gambling site in Daegu-gu D 103 from July 9, 2014. The Defendant received the total amount of KRW 213,720,000 in total 141 times as shown in attached Table (A) and crime list (A1) with the National Bank Account (J) in the name of the Defendant’s national bank account in the name of the above gambling site in the name of the Defendant, etc., and received the total of KRW 90,000 in the form of 141 times in total, by receiving the game money used for gambling, such as a fixed amount of domestic and foreign sports sports games, such as the livestock shed, farming district, port, camping district, etc., and by receiving the dividend rate of KRW 160,000 in the form of 960,000.

As a result, the defendant habitually provided sports promotion voting rights or similar things to the people who win at the same time and used the act of providing property or property benefits to the people who win at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of a letter of transfer of the relevant case;

1. On the screen of the gambling site, a copy of a letter of public opinion on financial information, and a drilling report;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method and frequency of crimes in the judgment, and the planned and repeated crimes of the same kind;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) (including the occupation of gambling using similar acts, such as the right to vote for the promotion of sports, including the right to vote for the promotion of sports), Article 246 (2) and Article 246 (1) of the Criminal Act (including the occupation of habitual gambling, and all of them);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Optional penalty:

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