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(영문) 대구지방법원 2016.04.15 2016고정467
국민체육진흥법위반(도박등)등
Text

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

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

Reasons

Punishment of the crime

On March 2014, the Defendant subscribed to “E”, which is a sports gambling site that imitates “B,” “C,” “D,” etc., a foreign-use sports betting site, as a member of “F”.

In addition, from around 31, 203 to May 16, 2015, the Defendant visited the E site using PC in the mutual influorial room located in the Daegu Simpo-dong from around 31, 2014 to May 16, 2015, deposited gambling money from the bank account in his/her own name to the gambling charging account designated by the site operator from “G” to the gambling charging account designated by the site operator, and predicted the winning of various domestic and overseas sports games, thereby making a gambling, the Defendant deposited KRW 482,00,000 in total over 96 times as shown in the annexed crime list, and received KRW 586,680,500 in total on 109 occasions according to the betting amount.

As a result, the Defendant issued sports promotion voting rights or similar things (including the issuance through information and communication network) by a person who is not an entrusted business entity and the Korea Sports Promotion Foundation of Seoul Olympic Games and issued them with gambling of KRW 1,068,680,50.

Summary of Evidence

1. Statement by the defendant in court;

1. Internet screen and details of defendant's transactions;

1. Habituality of judgment: Application of Acts and subordinate statutes to recognize dampness in light of the method of crime, frequency of crime, period of crime, etc.;

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 (a comprehensive, the point of gambling using similar acts), Article 246 (2) and Article 246 (1) of the Criminal Act (a comprehensive, the point of habitual gambling);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the National Sports Promotion Act with heavier punishment);

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

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