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(영문) 대구지방법원 2016.06.08 2016고정769
국민체육진흥법위반(도박등)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Seoul Olympic Games National Sports Promotion Foundation and any person, other than 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 goods or property benefits to persons who win the results thereof, and no person shall do gambling by using the same.

Nevertheless, at the end of June 2014, the Defendant subscribed to “E” as “G” to “E,” a sports gambling site that imitates “B,” “C,” and “D,” etc. Around the end of the same year. From June 29, 2014 to June 4, 2015, the Defendant deposited money from the I Company’s dormitory located in Cheongbuk-do, the Defendant’s residence to the above E and F website using smartphones, and received KRW 300,000,000 in total, 300,000,000 won from the Daegu Bank Account in the name of the Defendant, which was designated by the site operator, and predicted the winning of various domestic and foreign sports games, and received 30,000,000 won in total from 30,50,000 won in accordance with the attached list of crimes.

As a result, the Defendant issued sports promotion voting rights or similar things (including the issuance through information and communication network) by a person who is not an entrusted business entity and the Seoul Olympic Games National Sports Promotion Foundation and carried out gambling of KRW 644,653,00 in total amount of money to be paid habitually by taking advantage of similar acts that offer property or financial benefits to a person who correctly predicted the result.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions;

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 National Sports Promotion Act and Articles 26 Subparag. 1 of the same Act concerning criminal facts as well as the selection of punishment (in all together, Article 26 Subparag. 3 of the same Act).

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