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(영문) 대구지방법원 포항지원 2017.02.08 2016고정489
국민체육진흥법위반(도박등)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a member who has joined the illegal sports gambling website (D, E, etc.) operated by B, etc.

On December 8, 2014, the Defendant deposited KRW 100,000 in the name of G bank account in the name of “C” site operation account (H) and deposited KRW 53,350,000 over 897 times, such as “the details of deposit transactions” attached until January 27, 2016, and charged cyber money (the actual money and the money interchangeable).

After that, with access to the site using a mobile phone, computer, etc., the cyber money equivalent to KRW 5,00 or KRW 1,000 or KRW 1,00,00 was placed in order to anticipate the results of various sports games, such as the winning, dancing, plaque, and scores at home and abroad, and the gambling was conducted in a way that the cyber money was lost according to the actual results of the games or refunded according to the fixed ratio of distribution.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Details of each suspect's Cififies and deposits;

1. Data on site address replies;

1. Application of Acts and subordinate statutes on investigation reports (integrated analysis of accounts);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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