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(영문) 서울남부지방법원 2016.08.17 2016고정1285
국민체육진흥법위반(도박등)
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On January 22, 2013, Defendant A accessed the sports games, such as a domestic and foreign deaf-gu and a stable, and Lone Star 2’s online gambling site to real-time relay the games, etc., Defendant A opened a new bank account number in the name of the Defendant who is able to trade Ad, password, mobile phone numbers, and gambling funds, and deposited KRW 180,00 with the bank account in the name of C (D) and received a certain amount of money from around November 18, 2013, and carried out gambling by depositing KRW 48,942,00 from around 290 to November 18, 2013, as shown in the list of crimes in attached Table 290 to deposit KRW 48,942,00,00.

2. On July 23, 2013, Defendant B visited the Internet gambling site (E) where sports games, such as a domestic and foreign farm district, stable, etc., and Lone Star 2, which came to know through a mobile phone text advertisement, are real-time relayed, Defendant B deposited the number of a new bank account in the name of the Defendant who can trade the ID, password, mobile phone number, and gambling fund, and deposited a certain amount of KRW 100,000 to the National Bank Account (G) in the F, and received a dividend in compliance with the game result, from around that time until January 8, 2014, the Defendant deposited KRW 23,680,000 in total over 90 times, such as a list of crimes (5) in attached Form 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation reports (as a result of execution of warrant of seizure or of search of a financial account);

1. Application of each statute on financial transaction details;

1. Article 48 Subparag. 1 and Article 26 Subparag. 1 of the former Sports Promotion Act (amended by Act No. 12348, Jan. 28, 2014) (amended by Act No. 12348, Jan. 28, 201); and the selection of fines for criminal facts

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

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

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