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(영문) 광주지방법원 2013.04.17 2012고정2912
국민체육진흥법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall issue sports betting tickets or similar things (including issuance by means of information and communications networks) and provide property or financial benefits (hereinafter referred to as "similar act") to persons who win at the betting, using property or property benefits, and gambling in property.

Nevertheless, the Defendant subscribed to the above B-sports sports sports sports entertainment gambling site as C, and then charged KRW 500,000 to the new bank account (F) in the name of E designated at the gambling site on January 14, 2012.

The Defendant dambling on the game of sports games at the above site where a similar act was performed by using the above charging amount, and used the Japanese bank account (G), the Korean bank account (H), and the national bank account (I) in exchange for money.

Accordingly, the Defendant charged KRW 44,710,00 over 76 times from January 14, 2012 to May 29, 2012, as indicated in attached Table 1, 2012, including gambling by using similar acts at the sports entertainment site as above, and habitually stuffed KRW 47,923,464 over 44 times in total.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of the police against J;

1. Each investigation report (to attach a copy of monitoring a sports soil site operated by the J and to attach details of account transactions of suspects);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing gambling habits in light of the frequency of crimes, amount used for crimes, and repeated crimes in a short period;

1. Subparagraph 1 of Article 48 of the National Sports Promotion Act and Article 26 (1) of the same Act (the occupation of gambling using similar acts), Article 246 (2) and (1) of the Criminal Act (the occupation of habitual gambling), the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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