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(영문) 대전지방법원 천안지원 2017.07.13 2017고정361
국민체육진흥법위반(도박등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Final Judgment, which constitutes a single concurrent crime under Article 37 of the Criminal Act] On August 19, 2016, the Defendant was sentenced to imprisonment with prison labor for one year in the Daejeon District Court’s astronomical Branch, and the said judgment became final and conclusive on August 27, 2016.

[2] A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games and a person who is not an entrusted business entity shall not engage in gambling using the act of offering property or property benefits to a person who correctly predicted the result of sports promotion voting rights or by issuing similar things (hereinafter “similar act”).

From October 12, 2015 to February 29, 2016, the Defendant visited “B” the Internet private sports gambling site using a mobile phone at the coffee shop, etc. at Seoan-gu, Seoan-gu, B, the Defendant: (a) opened a bank account (Account Number: 476910191402) in the name of the Defendant’s spouse; and (b) deposited KRW 148,224,000 in total over 252 times as shown in the list of crimes in the attached list of crimes; and (c) received the corresponding game money; (d) selected a method of betting method desired for domestic and foreign livestock festivals, deaf-gu, and camping games; and (e) used the betting result, to prohibit the use of similar sports activities for the public.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect interrogation of E;

1. Family relation certificate;

1. Report on internal investigation (a final and conclusive judgment constituting a single concurrent crime after Article 37 of the Criminal Act) (a final and conclusive judgment that constitutes a single concurrent crime among details of transactions in gambling accounts);

1. (A) the application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Relevant Article of the relevant Act and subparagraph 3 of Article 48 and Article 26 (1) of the Act on the Promotion of National Sports for the Selection of Criminal Offenders (in all cases, selection of fines);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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