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(영문) 서울동부지방법원 2014.07.03 2014고단1434

국민체육진흥법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall issue sports betting tickets or similar things (including the issuance thereof by means of information and communications networks) and provide property or financial benefits to persons who win at the betting.

The Defendant, as well as E, F, G, H, I, J, and Ha on the early 2012, operated a sports earth site with funds necessary for the operation of the sports earth site. E provided general operation of the sports earth site. The Defendant intended to withdraw the proceeds of the money exchange passbook and manage its employees, and F, G, H, I, and J intended to enter the distribution schedule of the sports earth site and conduct Internet banking business.

From March 2012 to October 2013, the Defendant: (a) had many unspecified members enjoy money by predicting the result of the sports in the form of a sports game in the Republic of Korea or a foreign country or in a Spain game; and (b) had the members who have not accurately predicted the result of the sports; and (c) refund money to the members who accurately predicted the result of the sports in accordance with the ratio of distribution of the betting amount to the betting amount; (d) during the above period, the Defendant received the total amount of money from the members through the 1,2,8, and 10 accounts as set forth in the [Attachment] List of Crimes No. 1,75,391,74 won from the members through the 4,75,774 won from the members of the games; and (e) stated the amount of money from the members through the 1,75th,75,774 won from the total of the betting amount; and (e) stated the amount of money from the members of the games in accordance with the attached list No. 15, 365th,7.

Accordingly, the Defendant, in collusion with E, F, G, H, I, and J, opened gambling and received the total deposit amount of KRW 4,775,391,774 from the members of the above site, and exchanged the amount of money to issue sports betting tickets.