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(영문) 수원지방법원 성남지원 2017.11.22 2017고정1478
국민체육진흥법위반(도박등)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

No person shall gambling using any act of offering property or property benefits to persons who win the result of sports promotion by issuing voting rights or things similar thereto to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

From the beginning of early 2015, the Defendant joined the party room operated by the Defendant in Gangnam-gu, Seoul, in sequence, as members, such as “C”, “D”, “E”, and “F,” which are Internet private sports soil sites.

On April 21, 2016, the Defendant used a computer installed in the above party room to access the above Internet private sports soil site, and deposited KRW 200,000 in the national bank account (Account Number G) designated by the above site operator as the gambling fund deposit account, charged the corresponding game money, and paid dividends in an amount equal to the dividend rate if the same is met with the sports betting on the sports match such as a domestic and foreign axis, camping district, etc. at the above site. From that time to March 30, 2017, the Defendant used the gambling in a way that he received dividends in an amount equal to the dividend rate, and lost the amount of betting.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to documents submitted by the person under consideration;

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, the selection of fines for criminal facts, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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