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(영문) 서울중앙지방법원 2017.03.30 2016고단9193
국민체육진흥법위반(도박등)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

The Defendant subscribed to the 'F' account in the illegal sports earth site (C, D, and E) operated by a person who is not the entrusted business entity and the Korea Sports Promotion Foundation of the Seoul Olympic Games and the 'F' account. On October 9, 2015, the Defendant transferred the amount of KRW 1 million to the company bank account in the name of the Defendant in the name of Dongjak-gu Seoul Metropolitan Government and 301 (H) from the new bank account (H) in the name of the Defendant to the company bank account in the name of the Defendant, and received KRW 1,00,000 from the bank account in the name of the Defendant, and then was charged with the game money in the name of the Republic of Korea and abroad, such as the livestock shed, the deaf-gu, the camping-gu, and the 'private bridge', and 1,50,000 won in the total name of the Defendant and 25,000 won in the name of the Plaintiff.

As a result, the defendant habitually gambling by using sports promotion voting rights or similar things issued by the Korea Sports Promotion Foundation in Seoul Olympic Games and by a person who is not an entrusted business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (related to analyzing details of operation accounts of J and C Saturdays);

1. E-C-Wol photographs to the earth's site;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the period, method, frequency, etc. of crimes;

1. Gambling using similar acts to the relevant criminal facts: Subparagraph 3 of Article 48 and Article 26 (1) of the National Sports Promotion Act, collectively, for gambling: Article 246 (2) and Article 246 (1) of the Criminal Act, comprehensively;

1. Punishment prescribed 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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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