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(영문) 서울남부지방법원 2019.07.11 2018고단964
국민체육진흥법위반(도박등)등
Text

A defendant shall be punished by imprisonment for a period of four months and a fine of five million won.

When the defendant does not pay a fine, 10,000.

Reasons

Punishment of the crime

No person shall receive property or property benefits by issuing sports betting tickets or similar things from persons, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, in bulk.

From June 10, 2016 to September 16, 2016, the Defendant entered a private sports soil and entertainment site (D, E, F, etc.) operated by the nameless winners by using smartphones from the Defendant’s home, etc. in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, to enter the said site’s private house site, and wired KRW 454,830,00 over 382 times to the account (Account Number H) in the name of the Plaintiff in the name of the Plaintiff in charge of the instant site operation, and was charged with the game money by remitting the total amount of KRW 454,830,00,00 over 382 times, and predicted the result of various domestic and foreign sports games, and then, if the expected result is predicted, it did so by means of receiving dividends according to the fixed dividend rate, or by selecting even even if possible, participating in the so-called private bridge game in which the betting amount is conducted.

Summary of Evidence

1. An interrogation protocol of the accused by the prosecution (including a certificate of deposit transaction record attached to);

1. Civil petition documents (No. 69);

1. Application of Acts and subordinate statutes to investigation reports (report on the confirmation of the Internet sports-related site sites), investigation reports (report on the filing of the gambling site website);

1. Article 48 subparagraph 3 of Article 48 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning the facts constituting an offense, and Article 246 (1) of the same Act concerning the selection of punishment (a violation of the National Sports Promotion Act and a penalty) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The fact that the sentence of a fine for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is identical to that of the provisional payment order, the fact that the crime is committed during the suspended execution period due to the crime, the period, frequency, amount of the crime, the age, character and conduct, environment, the circumstances and means of the crime.

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