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(영문) 수원지방법원성남지원 2020.11.19 2020고단1968

사행행위등규제및처벌특례법위반등

Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment of ten months.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

【Criminal Facts】

1. A person who intends to engage in speculative business that causes property benefits or losses by collecting goods or property benefits from many persons who jointly commit the crime and determining the acquisition and loss by an incidental method shall obtain permission from the Commissioner of the Local Police Agency, and no person shall open a gambling space for the purpose of profit-making;

Nevertheless, the Defendants conspired to open and operate an illegal gambling site, and Defendant A conspired to manage programs and servers, secure a large passbook, manage funds, and Defendant B conspired to play a role in the approval of membership, the approval of membership, the filling and exchange of game money, the adjustment of dividend rate, and the entry of game results.

Accordingly, from February 12, 2019 to March 15, 2019, the Defendants opened “E (EF)”, which is an Internet gambling site, by installing computer and other electronic data-processing devices, Internet circuits, etc., such as computers, etc., as publicly offered on the 11th floor of Seongbuk-gu, Seongbuk-gu, Sungnam-si from around February 12, 2019, and deposited KRW 31,838,000 from many and unspecified members to the National Bank Account (H) in the name of the general bank account (H), which is operating accounts, and deposit them with the game money in five minutes, including the number of the members by lot, five minutes per five minutes; one number is either counted, even, or the sum of the numbers was counted within an odd, even, or within a certain scope; otherwise, if not, the Defendants are entitled to receive dividends according to the designated ratio; and otherwise, money was exchanged in cash.

Ultimately, the Defendants conspired to engage in speculative businesses without permission from the competent authorities, and at the same time opened gambling spaces for profit-making purposes.

2. In using and managing the means of access by Defendant A, unless otherwise specifically provided for in other Acts, the means of access shall be transferred or managed.