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(영문) 의정부지방법원 2018.02.06 2017고단5627
국민체육진흥법위반(도박등)
Text

Defendant shall be punished by a fine of KRW 10,000,000 (one million).

If the defendant does not pay the above fine, 100.

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 the result by issuing sports promotion betting tickets or similar things, and shall not gambling by using such prohibited acts.

On May 22, 2016, at around 12:32, the Defendant visited the Internet illegal sports Saturdays (B, etc.) site, and deposited KRW 270,631,500 in total over 145 times from around August 21, 2016 to August 21, 2016, the Defendant sent KRW 1200,00 to the account designated by the above site operator of the National Bank (C) in the name of the Defendant-based bank (hereinafter referred to as the “Korea National Bank”). In addition, the Defendant kept cyber money in the domestic and overseas sports games, such as camping districts, farming districts, and distribution districts, and e.g., by predicting the winning’s plaque and receiving dividends from the winning’s plaque, and e.g., deposited KRW 270,631,500 in the account designated by the above site operator, and e.g., gambling.

Summary of Evidence

1. Statement by the defendant in court;

1. A warrant for search and inspection;

1. A criminal investigation report (related to attaching evidentiary materials on the D gambling site);

1. Application of the Act and subordinate statutes of the investigative report (related to the increase of NAP Round Round Round Round Round)

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act (excluding punishment) concerning facts constituting an offense;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the instant crime, including the frequency and content of the instant crime, the size of the printing money, etc., are not less exceptionally considered.

However, the defendant's attitude to see his wrong and reflect his own wrong will not repeat the crime.

There is no criminal record for the defendant.

In addition, the defendant's age, sex, environment, motive and background leading to the crime, and circumstances before and after the crime.

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