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(영문) 인천지방법원 2016.05.03 2016고단1193
국민체육진흥법위반(도박등)등
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

No person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall gambling using the right to vote for sports promotion or those similar thereto to provide property or property benefits to those who win the result.

Nevertheless, from November 18, 2014 to May 3, 2015, the Defendant visited the “B” website, a private sports gambling site, using a computer, at the Defendant’s friendship-gu office located in Daegu Suwon-gu to use the computer, and deposited 237,480,000 won in total with the instant site’s deposit account (73820,005172) in the name of this case (7380,000) and charged with the corresponding game money, and then predicted the result of the domestic and foreign sports games through the said site and predicted the result of the games, if the Defendant did not receive money in accordance with the dividend rate and used it for gambling by paying the dividend amount to the operator of the said site as it is, and gambling.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to arrange a copy of the relevant case transfer statement, a written request for financial transaction information and its replies, a criminal investigation report (Attachment to the suspect gambling part among the details of 57 transactions in the relevant criminal crime account), and the details of suspect transactions;

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 (as a whole, point of any act similar to the right to vote for sports promotion), Article 246 (2) and Article 246 (1) of the Criminal Act (as a whole, point of habitual gambling);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) lies in gambling for a relatively long period, and the amount is also significant.

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