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(영문) 대구지방법원 2016.05.12 2016고정501
국민체육진흥법위반(도박등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A person, other than an entrusted business entity, who is the Seoul Olympic Games Foundation or the Korea Sports Promotion Foundation or a person who is not an entrusted business entity, shall not issue (including the issuance through an information and communications network) sports promotion voting rights or things similar thereto and shall not provide property or property benefits to persons who win the results, and no person shall do gambling using such rights.

Nevertheless, on October 2014, the Defendant subscribed to “E”, which is a sports gambling site that imitates “B,” “C,” and “D,” etc. as a member of “F,” the Defendant joined the said E site from October 2, 2014 to March 11, 2015 by using PC in the Defendant’s dwelling place located in Daegu Suwon-gu Suwon-gu Suwon-gu, and then deposited the PC with the national bank account in the Defendant’s name “H” to the gold charging account designated by the site operator, and predicted the winning of various domestic and foreign sports games, and received KRW 118,280,000 in total over KRW 87,00,00,000,000 in total, as shown in the attached list of crimes.

As a result, the Defendant 252,026,00 won in total were 252,00 won in a habitual admission, taking advantage of similar acts in which sports promotion voting rights or other similar things issued by a person who is not an entrusted business entity and who provided property or financial benefits to a person who correctly predicted the result.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrangement of the details of transactions of the recipient;

1. A screen of the gambling site;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and gambling being maximum;

1. Article 48 Subparag. 3 of the Act on the Punishment of Crimes, Articles 48 Subparag. 3 and 26(1) of the Act on the Promotion of National Sports for the Selection of Punishment (hereinafter “Special Act”), and Article 246(2) of the Criminal Act.

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