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(영문) 의정부지방법원 2017.06.15 2017고정118
국민체육진흥법위반(도박등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person without a certain occupation who has joined the illegal sports gambling site (D, E, etc.) operated by the Defendant outside of the instant case, etc. (Detention on July 25, 2016).

On June 12, 2015, the Defendant deposited KRW 500,000 from the National Bank Account (F)’s account in the name of the Defendant’s bank account, “C” site operation account, and deposited KRW 500,000 from that time to November 11, 2015, as indicated in “the details of deposits” attached up to November 11, 2015, and deposited KRW 49,150,000 over 130 times, and charged cyber money (actual money and able to be exchanged).

After that, with access to the website using a mobile phone, computer, etc., the “private bridge game” in the way of receiving dividends from domestic and foreign sports games, such as a studio, thale, plaque, and “many or even” was predicted, and then gambling was conducted in such a way as to lose the same according to the actual game result or receive a refund of cyber money according to the fixed dividend rate.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of transfer (B, etc.), investigation report (integrated analysis of operation accounts on the C website), and list A;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and that there is no record of criminal punishment, etc. are recognized as favorable to the defendant.

However, in light of the content and method of the crime, the legislative intent of the National Sports Promotion Act, etc., the crime of this case where the defendant paid a sum of KRW 49,150,000 to the illegal sports gambling site, and the crime of this case where the defendant gamblings is not less than that of the crime, and the period, frequency, and frequency of the defendant gambling.

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