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(영문) 서울남부지방법원 2017.11.16 2017고단4079
국민체육진흥법위반(도박등)
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Defendant shall be punished by a fine of KRW 10,000,000.

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 gambling in the form of providing property or property benefits to persons who win the result of sports promotion by issuing voting rights or similar things to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

From July 15, 2013 to December 31, 2016, the Defendant transferred total of KRW 408,292,500 to the account used by the gambling site operator on a total of 696 occasions from the Defendant’s house or its house to the account used by the gambling site operator on a mobile phone, and carried cyber money received according to the above remittance amount by accessing the Defendant’s Internet sports betting site, such as “C” (D) with the Defendant’s cell phone and carried out cyber money in a way to receive money in proportion to the dividend rate set by the said gambling site operator.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Copy of the police statement made to F;

1. Details of each account transaction;

1. Application of Acts and subordinate statutes to investigation reports (verification of gambling sites);

1. Relevant Article 48 of the Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, all of which are the choice of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was determined by comprehensively taking into account the following factors: (a) the Defendant did not have been punished as his previous forces; (b) the confession and reflection of a crime; (c) the Defendant’s age, sexual conduct; (d) the circumstances after the crime; and (e) the family relationship.

It is so decided as per Disposition for the above reasons.

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