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(영문) 대구지방법원 2017.01.25 2016고정2564
국민체육진흥법위반(도박등)등
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

1. Around September 16, 2016, the Defendant violated the National Sports Promotion Act: (a) connected the Defendant’s residence to the Internet illegal sports gambling site C via a mobile phone; (b) transferred KRW 90,000 won from the new bank account under the name of the Defendant to the gambling account in the name of the Defendant; and (c) carried out gambling in the form of receiving dividends according to the dividend rate when he/she gets paid out of the amount of dividends in the event that he/she correctly predicted the final score of sports games by remitting KRW 90,00 to the gambling account under the name of the Defendant.

In addition, from that time until November 3, 2016, the Defendant 22:37, 200 won, Doz. 97,445,00 won, Doz., as indicated in the attached list of crimes, was faced with gambling, and received dividends.

2. No person who violates the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage shall file an application for remedy for damage to a financial company or a financial company managing an account exploited for fraud, such as suspension of payment of the account exploited for fraud, with respect to the remittance or transfer of false damage;

Nevertheless, on November 2, 2016, the Defendant lost money for illegal sports gambling around 01:16, the Defendant was suffering from damage to “loan fraud” by making phone call from the lux Eup/Myeon of Gyeongldong-gun, Gyeongdong-gun, Gyeongdong-gun, for the purpose of suspending payment of the national bank account in the name of the gambling site account.

A false report was made.

Therefore, on November 2, 2016, the Defendant was suffering from “loan fraud” damage at the seat belt of the Seoldong Police Station, which was around 03:10 on November 2, 2016, and filed a false report with the person in charge of the above police station to the effect that he suffered damage by depositing KRW 9:250,000 in the national bank account in the name of the above LG (LG) eight times, and filed an application for remedy by having the person in charge of the above police station request the suspension of payment to the national bank call center.

In this respect, the defendant applied for remedy by falsity.

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