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(영문) 울산지방법원 2016.12.13 2016고단3705
국민체육진흥법위반(도박등)
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 person, other than the Seoul Olympic Sports Promotion Foundation and an entrusted business entity, shall perform an act of offering property or property benefits to persons who win up the result by issuing sports betting tickets or similar things, or gambling by using them.

Nevertheless, from September 23, 2013 to January 22, 2016, the Defendant subscribed to the “B, etc.” as a member of the “B, etc., an illegal Internet sports soil entertainment site at a place not opened, and then remitted the total amount of KRW 269,260,000 to the account in the name of the Defendant’s bank (C) in the name of the Defendant’s bank account (E, etc. as indicated in the attached list of crimes), which is the charge of the above site, over 493 times, and charged the game money equivalent to the same amount. In advance, the Defendant saw the game money as a result of the games, such as the winning or scores, etc. before conducting various domestic and overseas sports games, and then gambling in such a way that he loses the amount of money betting depending on whether or not he loses the amount of money or is entitled to receive the dividend of the designated ratio.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Criminal report and investigation report;

1. Application of Acts and subordinate statutes concerning the copy of the case transmission note, site address response data, deposit account CIF, and details of transactions;

1. Subparagraph 3 of Article 48, Article 26(1) of the National Sports Promotion Act (the part concerning the crime committed after July 29, 2014), Article 48 Subparag. 1, and Article 26(1) of the former National Sports Promotion Act (Amended by Act No. 12348, Jan. 28, 2014; the part concerning the crime committed before July 28, 2014)

1. Selection of an alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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