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(영문) 서울중앙지방법원 2017.09.11 2017고정2595
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

The Defendant joined the Korea Sports Promotion Foundation for the People of the Olympic Games and the Korea Sports Promotion Foundation, which is operated by a person who is not the entrusted business entity, and entered the game money in its name, with a member’s non-disception site. On December 8, 2016, the Defendant: (a) visited the unclaimed Internet gambling site at a place where it is difficult to know at around 23:08 on December 8, 201; and (b) transferred KRW 1,00,000 to 1,00,000,000 to the account under the name of the Defendant in the name of the Republic of Korea, for the purpose of gambling, from around 1,00 to 30:7:0 on April 27, 2016, the Defendant entered the game money in [Attachment] list from around 10 to 30:7:7:0 on August 27, 2016, with a total of 2000 won anticipated to be used for gambling.

As a result, the defendant was gambling by using sports promotion voting rights or similar rights issued by the Korea Sports Promotion Foundation in Seoul Olympic Games and by a person who is not an entrusted business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on investigation (the commencement of an investigation and specific circumstances of a suspect);

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the Act on the Promotion of National Sports for the Selection of Criminal Facts, and Selection of fines;

1. Articles 70 and 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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