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(영문) 전주지방법원 2017.04.17 2016고단2335
국민체육진흥법위반(도박등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person, other than the Seoul Olympic Sports Promotion Foundation and an entrusted business entity, shall not gambling by taking advantage of an act of offering property or property benefits to a person who has correctly predicted the result of sports promotion by issuing voting rights or things similar thereto;

From February 5, 2016 to February 26, 2016, the Defendant visited D, an Internet private sports gambling site using a computer, at the Defendant’s residence, from the former North Jeju-gun, 105-dong 804, the Defendant deposited KRW 12,493,00 in total on 69 occasions, as shown in the list of crimes, to the national bank account (F) designated by the above site operator from the former North Bank account (E) in the name of the Defendant, and deposited KRW 12,493,00 in total, as shown in the list of crimes. After receiving such cyber money, the Defendant carried the said cyber money in the sports industry, such as the domestic and foreign axis, farming district, etc., in which the said cyber money was carried out on real time at the above site, and then carried out the Internet private sports gambling by receiving the cyber money in cash in accordance with the sports outcome, dividend rate, etc.

2. On January 18, 2016, the Defendant violated the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”) transferred cash cards and OTP (Security Cards) that are access media connected to the National Bank Account (H) account in the name of the Defendant’s limited company G that was operated by the Defendant, to an influence person. On January 18, 2016, the Defendant transferred the cash cards and OTP (Security Cards) that are access media connected to the former Company G account in the name of the Defendant’s limited company G account (I, J), new Cooperatives account (K), and post office account (L) to an influence person.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of the suspect against the defendant;

1. Copies of the police investigation protocol concerning M;

1. Report on internal investigation (Evidence No. 1), a statement that the person under consideration transfers to the account of the gambling operator, submission of financial transaction information, details of account, application of Acts and subordinate statutes governing the matters registered in the corporation;

1. Article 48 subparagraph 3 of the Act on the Promotion of National Sports concerning facts constituting an offense;

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