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(영문) 대구지방법원 2017.04.20 2016고단4471 (1)
국민체육진흥법위반(도박개장등)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, other than an entrusted business entity, shall engage in an act of offering property or property benefits to persons who win at the betting tickets for the promotion of sports or a similar result by issuing them, or gambling using such prohibited act.

On April 2, 2016, the Defendant connected the Internet private sports soil site B to “C” on a computer, and deposited KRW 5,000,000 via the Agricultural Cooperative account in the name of E (Account Number: F) designated as the gambling fund deposit account, and charged the corresponding game money. On the same occasion, the Defendant saw the winning of the sports games, such as the stable at home and abroad posted on the above site, camping districts, etc., and saw the game money by predicting the winning of the sports games, and, on the other hand, the Defendant was paid dividends in proportion to the dividend rate, and gambling was conducted in a way of losing the game money if predicted, from April 2, 2016 to April 15, 2016, the Defendant collected KRW 30,000 in total by means of the aforementioned attached list 29,300,300,000 won in total, and 30,0000 won in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an investigation report (G submission C related to members, total list of members, and details of settlement of accounts, output of part of X-cell files), investigation report [Adjustment of gambling details of at least 150 million won viaC];

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act and the selection of fines for criminal facts;

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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the same as that of the defendant, the defendant's mistake is against his or her wrongness, and the defendant's future gambling is not imminent.

(2) Doese.

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