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(영문) 대구지방법원 2016.10.28 2016고정1962
국민체육진흥법위반(도박등)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The Defendant subscribed to the account of “C” in the name of the illegal sports earth site “B” operated by the Seoul Olympic Sports Promotion Foundation and its entrusted business entity.

On December 1, 2015, the Defendant: (a) transferred KRW 300,00 to the company bank account (Account Number: 00,000) in the name of the Defendant’s bank account (Account Number: 02/1300 of the deposit account of the said site from the Nonghyup Bank (Account Number: 071312404016) in the name of the Defendant’s name; (b) received the game money used for gambling by charging the game money used for gambling; (c) anticipated the result of winning, losing, or failure of domestic and foreign sports games in advance; (d) acquired dividends according to the dividend rate; (e) did not receive dividends without being refunded; and (e) deposited the remaining game money from the date of completion of the game to July 2016, the Defendant deposited the total amount of KRW 300 to 100,500 with the above game site; and (e) deposited the said KRW 300 to 100 to 250 to 2016.

As a result, the Defendant, other than the Seoul Olympic Sports Promotion Foundation and its entrusted business entity, committed an act of providing property or property benefits (a similar act) to a person who correctly predicted the result by issuing sports betting tickets or similar things.

Summary of Evidence

1. Defendant's legal statement;

1. A report;

1. Site photographs;

1. Application of statutes on details of financial transactions;

1. Article 48 of the National Sports Promotion Act applicable to the relevant criminal facts and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act (generally and collectively, selection of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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