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(영문) 전주지방법원 정읍지원 2017.10.19 2017고단285
국민체육진흥법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 provide property or property benefits to persons who win the result of sports promotion by issuing voting rights or similar things to the Korea Sports Promotion Foundation and a person, other than an entrusted business entity, who conducts gambling using such prohibited acts.

Nevertheless, around 15:09 on April 16, 2013, the Defendant opened an illegal sports earth and entertainment site with access to B, C, etc., and transferred KRW 1,000,000 to one bank account (Account Number D) in the name of the Defendant’s account (Account Number D), which is an operation account of the said site, to fill the corresponding game money, and then predicted the outcome of the domestic and overseas sports games, such as a stable, camping, etc., and then received dividends if the result is followed. From that point to June 29, 2015, the Defendant deposited KRW 448,50,500 in total, as shown in the attached list of crimes, and wired KRW 5030,50 in total,50,00 from that point to June 29, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs;

1. Application of Acts and subordinate statutes on internal investigation reports (site screen and crime display);

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) (a) of the same Act on the facts constituting an offense, and Article 246 (2) of the Criminal Act (a point of habitual gambling);

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a sentence imposed on a person who violates 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s liability to walk a considerable amount of money at the illegal sports gambling site and for long-term gambling is not provided against the Defendant’s disadvantage.

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