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(영문) 인천지방법원 부천지원 2017.03.16 2017고단203
국민체육진흥법위반(도박등)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall not gambling by using a similar act which provides property or property benefits to persons who win the result of sports promotion by issuing voting rights or similar things.

From November 26, 2012 to February 21, 2016, the Defendant visited the illegal sports soil site called “B” by using his own smartphone from Kimpo-si to his own smartphones, and transferred the total amount of KRW 210,645,00 for 738 times via the company name bank account (67910834304) in the name of the limited company, as shown in the attached crime list, as shown in the attached crime list, to the gambling fund, and received KRW 180,498,500 in total by receiving dividends according to the fixed dividend rate, if the Defendant distributed distributed the distributed game money to the on-board of sports games, such as the stable and the deaf-gu, and then received money in exchange for 180,498,500 won, in accordance with the dividend rate.

As a result, the defendant habitually gambling by using similar acts that provide property or property benefits to those who win the result by issuing sports promotion voting rights or similar things to the Korea Sports Promotion Foundation and those who are not entrusted business operators.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of each search and reply of search and seizure, report on internal investigation (on the website screen and list of crimes);

1. Application of the Acts and subordinate statutes on the gambling site closures;

1. Article 48 of the relevant Act as to the facts constituting an offense, Article 48 subparagraph 3 of the Act on the Promotion of Sports for the People’s Selection of Punishment, Article 26 (1) (in combination, the point of an act similar to the right to vote for sports promotion), Article 246 (2) and Article 246 (1) of the Criminal Act (in combination, the point of habitual gambling), and selection of each fine;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is a large amount of money exceeding KRW 200 million, the social harm of the instant illegal sports gambling is serious, and the Defendant on April 2015.

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