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(영문) 대구지방법원 서부지원 2016.06.29 2016고정266
국민체육진흥법위반(도박등)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

No person, other than an entrusted business entity, shall engage in an act of offering property or property benefits to persons who win at the results of sports promotion by issuing voting rights or a similar things or gambling using such rights.

Nevertheless, from November 19, 2014 to October 5, 2015, the Defendant subscribed to “D” to “C”, which is a private sports soil site, at the Defendant’s residence located in Daegu Western-gu, Daegu-gu. The Defendant received a total of KRW 216,630,00 on 111 occasions as indicated in the separate crime list, with the National Bank Account (F) in the name of the Defendant’s bank account in the name of the Defendant, etc., and received KRW 150,00 in total when he/she received KRW 216,630,00 from the National Bank Account in the name of the Defendant, and received KRW 150,00 in the form of a game machine used for gambling, and received the total of KRW 150,00 in the form of money by predicting the result of the sports event on board, such as cattle, farming, distribution, and camping.

As a result, the defendant habitually provided sports promotion voting rights or similar things to the people who win at the same time and used the act of providing property or property benefits to the people who win at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's investigation report (calculated of the amount of prosecution report and collection);

1. A copy of a letter of transfer of the relevant case, a letter of financial information, and a gambling site screen;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method and frequency of crimes in the judgment, and the planned and repeated crimes of the same kind;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) (including the occupation of gambling using similar acts, such as the right to vote for the promotion of sports, including the right to vote for the promotion of sports), Article 246 (2) and Article 246 (1) of the Criminal Act (including the occupation of habitual gambling, and all of them);

1. The Commercial Concurrent Crimes Act.

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