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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On December 2014, the Defendant subscribed to “E”, which is a sports gambling site that imitates “B,” “C,” “D,” etc., a foreign-use sports betting site, as a member of “F”.
In addition, from December 5, 2013 to September 30, 2015, the Defendant visited the E site using PC at the Defendant’s residence of Daegu Suwon-gu G apartment 101 Dong 504, and deposited gambling money from his own account “H” to the gambling charging account designated by the site operator at his own name, and predicted the winning of various domestic and overseas sports games, thereby holding dividends in accordance with his/her failure, and deposited KRW 165,290,000 in total over 33 times, as shown in the annexed list of crimes, and received KRW 36,52,000 in total over eight times according to the betting amount.
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 Winter Games National Sports Promotion Foundation and issued them with gambling of KRW 201,842,00.
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 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (a comprehensive, the point of gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (a comprehensive, the point of habitual gambling);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the National Sports Promotion Act with heavier punishment);
1. Selection of an alternative fine for punishment;
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;