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(영문) 대구지방법원 2015.05.12 2014고단3949

국민체육진흥법위반등

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

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

Nevertheless, the Defendant, in collusion with B and name defect victims from December 2, 2012 to May 2013, opened a private sports earth site, recruited members, such as D, and joined the said site in collusion with the Defendant: (a) received approximately KRW 18 million from the members by means of account transfer, etc.; (b) accumulated the corresponding points after having the members set up the points and let them go to money in the result of the sports competition at home and abroad; (c) operated the said site in such a manner as to enable them to pay points according to the rate of distribution determined according to the results of the competition; and (d) the Defendant and B opened the said site and operated the overall operation of the said site; and (e) the Defendant and B received money by means of account transfer, etc. from members and exchange them with points acquired by members.

2. As set forth in paragraph (1) above, the Defendant: (a) conspired with the Nonindicted Party B, and opened a “C” website from December 2, 2012 to May 2013; and (b) had the members receive money from the result of the domestic and foreign sports games; (c) paid points according to the dividend rate for the members, and exchanged them; and (d) opened a space for gambling for the purpose of profit by operating the Internet gambling site by holding the remaining amount as profit.

Summary of Evidence

1. Prosecutions against the Defendant.