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(영문) 의정부지방법원 2017.04.19 2017고단724
국민체육진흥법위반(도박등)
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

A 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 not provide property or property benefits to persons who win at the results of sports promotion by issuing voting rights or things similar thereto, and shall not gambling using such rights.

Nevertheless, from January 1, 2014 to April 19, 2015, the Defendant visited the private sports venue (E, etc.) operated by daily allowances such as D, and wired the total amount of KRW 387,393,500 over 828 times, as indicated in the attached list of crimes, to the account managed by the operator of the above site, and received the corresponding game money, and then gambling was performed in a way that he receives dividends in accordance with a certain dividend rate, when the Defendant predicted the success or loss of various domestic and foreign sports games and predicted the winning or loss of the sports games.

Summary of Evidence

1. Statement by the defendant in court;

1. 수사보고( 압수 수색 검증영장 집행결과- 금융거래 내역), 수사보고( 압수 수색 검증영장 집행결과- 계좌 명의 인 인적 사항), 수사보고 (E 구동 화면 스크린 샷 첨부), 수사보고 (1 억 원 이상 도박 행위자 사용 대상은행 및 대상계좌 특정 보고) 법령의 적용

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the Act on the Promotion of National Sports for the Selection of Punishment (in all cases, selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the Defendant shall be punished by a fine in consideration of the following: (a) the Defendant, who led to the confession of a crime; (b) the Defendant was unable to benefit from the crime; and (c) the Defendant suffered considerable loss; and (d) there was no record of criminal punishment until now.

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