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(영문) 대전지방법원 홍성지원 2016.04.26 2016고단100
국민체육진흥법위반(도박등)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

around March 6, 2014, the Defendant: (a) connected to “E”, a gambling site operated by D, etc. using computers, at the Defendant’s house, Dacheon-gun, Chungcheongnam-gun, 1, 202; (b) transferred KRW 500,00 from the Agricultural Cooperative Account in the name of the Defendant to the Agricultural Cooperative Account in the name of H (G) designated by the website operator; (c) received the corresponding cyber money; (d) used the filled cyber money in the course of various domestic and foreign sports games; and (e) predicted the outcome of the filled cyber games; and (e) carried out painting using the filled cyber money; and (e) paid dividends from around that time to October 5, 2015, the Defendant received dividends of KRW 151 to KRW 305,05,00,000 in total, and paid KRW 305,050,050,050,000,000.

As a result, the defendant gambling by using the act of providing 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, and habitually gambling.

Summary of Evidence

1. Statement by the defendant in court;

1. A screen of the gambling site;

1. A copy of a letter of financial information gathering;

1. Account transactions;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the period, method, frequency of crimes, and multiple repeated crimes in each judgment;

1. Article 48 of the relevant Act on the facts constituting an offense, Article 48 subparagraph 3 of the National Sports Promotion Act, and Article 26 (1) of the same Act (in combination, the occupation of gambling using similar activities to issue sports promotion voting rights), Article 246 (2) and Article 246 (1) of the Criminal Act (in combination, the occupation of gambling habitually);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the National Sports Promotion Act with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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