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(영문) 서울북부지방법원 2017.02.09 2016고정2552
국민체육진흥법위반(도박등)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person, other than an entrusted business entity, who issues (including the issuance through an information and communications network) sports promotion voting rights or things similar thereto to the Promotion Foundation of the Seoul Olympic Games or a person who issues (including the issuance through an information and communications network) shall provide property or gambling using such rights.

From April 20, 2016 to May 15, 2016, the Defendant deposited KRW 13,930,000 in the Nong Bank account in the name of the Defendant (number B) via a new bank account (name B) in the name of the Defendant, as shown in the “crime List”, and deposited KRW 13,930,00 over 60 before and after the deposit of KRW 13,930,00 in the Internet private gambling site, which is the operation account of C, a private gambling site operated by the Defendant.

At that time, the Defendant had access to C, a private gambling site, using handphones in the vicinity of the Defendant’s residence in Dobong-gu Seoul Metropolitan Government, displayed at the lowest amount of KRW 5,00 from KRW 5,00 to KRW 1,00,000 using cyber money filled in on the sports games, such as a domestic or foreign axis, exhauster, and deaf-gu, and carried out gambling for the “sports soil” in the manner of receiving dividends according to the results of the games.

Summary of Evidence

1. Statement by the defendant in court;

1. Data about gambling website C

1. The application of a search and seizure inspection warrant (financial account abstract application), and the application of warrant answer statutes;

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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