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(영문) 제주지방법원 2018.07.18 2018고단96
국민체육진흥법위반(도박등)
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

An act of offering property or property benefits to a person who has correctly predicted the result of sports promotion voting rights or by issuing things similar thereto operated by a person, other than an entrusted business entity, the Seoul Olympic Winter Games Foundation or the Korea Sports Promotion Foundation and a person who is not an entrusted business entity, shall not be allowed to gambling using such prohibited act.

Nevertheless, on January 27, 2016, the Defendant sent 300,000 won to the bank account of the name of D, a charging account designated at the above site by accessing the Internet private sports soil site, etc., and predicted the outcome of various sports games, such as domestic and foreign axiss, camping districts, etc. posted on the above site by using the game money filled in an amount equivalent to that amount, and then bling the game money by means of receiving dividends according to the fixed dividend rate, and from around that time to December 12, 2016, the Defendant deposited 206,650,000 won in total by the same method as indicated in the list of crimes in the attached list of crimes, and charged the game money using the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of data related to gambling sites and operating accounts, calculation of the scale of gambling, and attachment of judgment by operators of gambling sites);

1. Article 48 of the relevant Act and Article 48 subparagraph 3 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning the selection of each of the crimes (which reflects the nature of a fine and is the initial offender);

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

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

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

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