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(영문) 인천지방법원 2016.05.12 2016고단934
국민체육진흥법위반(도박등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 (hereinafter referred to as "similar act") to a person who has correctly predicted the result of the promotion of sports or the issuance (including the issuance through an information and communications network) of voting rights for sports promotion or the issuance of B (including the issuance through an information and communications network) or gambling by using the same.

Nevertheless, from March 19, 2014 to May 20, 2015, the Defendant subscribed to D, a member of the illegal sports soil site operated by B, etc. at the Defendant’s house located in Yeonsu-gu Incheon Metropolitan City (hereinafter “C Apartment”) from March 19, 2014 to May 1, 2015, and deposited in cash with E bank F account in the name of E used on the above site, and predicted the outcome of filling cyber money equivalent to the amount of money deposited, and predicted in advance the outcome of the sports games, such as stables, farming district, and fishing district, etc., using filled cyber money. In addition, the Defendant conducted the sports betting using such filled cyber money, and received the same dividend as the betting amount, and deposited KRW 332,260,000 in total in the name of E account, etc. over 221 times in total, and prevented the Defendant from receiving KRW 286,50,00 through a total of 176 times, and at the same time, Gabling.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to screen the D site and report on investigation (in case transfer, etc. of the relevant case)

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea and Article 26 (1) of the same Act on the facts constituting an offense (as a whole, point of any act similar to the right to vote for sports promotion), Article 246 (2) and Article 246 (1) of the Criminal Act (as a whole, point of habitual gambling);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 (hereinafter “Criminal Procedure Act”) was relatively long-term, and the amount is also significant.

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