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(영문) 대구지방법원 2016.07.06 2016고정877
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 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) voting rights to promote sports or things similar thereto by a person who is not an entrusted business entity and the Korean Sports Promotion Foundation or a person who is not an entrusted business entity.

Nevertheless, in collusion with B, the Defendant offered gambling funds and places, and the Defendant conspiredd with B to directly betting by accessing the Internet sports gambling site from March 15, 2015 to May 27, 2015, and visited D and other domestic and foreign sports discussions sites by using computers, and used E’s Korean bank account (Account Number:F) to be used in the above sports discussions site, etc. on a total of KRW 328,64,643,130 via a total of 364 times, as shown in the attached list of crimes, and collected cyber money through a way of exchanging it by receiving payment according to the dividend rate if the result of the domestic and foreign sports games and the result of the betting is significant.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Application of the Acts and subordinate statutes of Part II of the Kakao Stockholm Table 2 to the inquiry of the details of each transaction, a copy of the account book, a Kakao Stockholm letter

1. Article 48 of the relevant Act concerning the facts constituting an offense, Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning the selection of a sentence, and Article 30 of the Criminal Act (comprehensively, selection of fines);

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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