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(영문) 대구지방법원 서부지원 2016.04.27 2016고단269
국민체육진흥법위반(도박등)등
Text

Defendant shall be punished by a fine of 6,500,000 won.

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

Reasons

Punishment of the crime

On September 7, 2014, the Defendant subscribed to “D” as a member of “Sbobet,” “Pinnacle,” “ibcle,” etc. which imitates “Sbc”, etc., a foreign sports betting site, to “C,” which is a private sports entertainment site: (a) from September 7, 2014 to April 9, 2015; (b) from around 219 Dong-dong building E-dong 402 to around 202, the Defendant visited the said site using a smartphone to the Defendant’s account designated by the said site; (c) received 293,90,000 won in total over 128 occasions as indicated in the attached list of crimes; and (d) received 300,000 won in total from the said site to the account designated by the operator of the said site; and (c) received 10,000 won in total and 40,000 won in the cyber games, and received 30,07,0,000.

As a result, the defendant habitually gambling by issuing sports promotion voting rights or similar things to those who are not the Seoul Olympic Sports Promotion Foundation and those who are not the entrusted business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of a letter of transfer of the relevant case;

1. A copy of a letter of financial information meeting, a screen of gambling website, and a statement of transactions with City Banks;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the number of crimes, frequency of crimes, and the fact that the same kind of crimes are planned and repeated;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) (including the occupation of gambling using similar acts, such as the right to vote for the promotion of sports, including the right to vote for the promotion of sports), Article 246 (2) and Article 246 (1) of the Criminal Act (including the occupation of habitual gambling, and all of them);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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