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(영문) 서울중앙지방법원 2017.03.16 2016고정4444
국민체육진흥법위반(도박등)등
Text

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

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

Reasons

Punishment of the crime

No one shall gambling using the act of offering property or property benefits to persons who win the result by issuing (including issuing through an information and communications network) sports promotion voting rights or things similar thereto operated by the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

Nevertheless, from October 12, 2015 to June 20, 2016, the Defendant: (a) connected the Internet with the online private sports site (E) that is operated in the name of ‘D’ by accessing the computer from the Jung-gu, Jung-gu, Seoul Special Metropolitan City room to the Internet; and (b) deposited the amount of KRW 139,828,000 in total over 306 times from the D's post office account to the deposit account of D's online sports site; and (c) received a corresponding amount of dividend depending on whether or not the betting results of various domestic sports games; and (d) paid a certain percentage of dividend depending on whether or not the betting results.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a criminal investigation report (an illegal sports soil site D and a report on the confirmation of its operating account);

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea, Article 26 (1) (including gambling using similar acts), the main sentence of Article 246 (1) of the Criminal Act (including gambling and gambling), as to the facts constituting an offense;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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