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(영문) 의정부지방법원 고양지원 2016.11.17 2016고단1670

도박공간개설방조

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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

On August 2014, the Defendant was requested to open a website that can connect to the gambling site by means of a single book, which is a total book for operating gambling games.

Accordingly, on December 2014, the Defendant: (a) requested a website manufacturer D to establish a “E” site that can be connected to the gambling site; (b) received a request from C and F, a total book, to create apps that can be directly connected to the above E site from C and F, and made a apps that can be directly connected to the said E site, and (c) made a apps that can be directly connected to the said E site by requesting it to G, a app developer, a subsidiary, and posted it on the Gu language.

around February 2015, the Defendant, while working on the above E site, was well aware of the fact that the instant website is being used for gambling through the gambling site, such as Omera, Omera, C, C, and C, and C, and C, etc., but was sent approximately KRW 20 million including the opening facilities of the website from C, etc., on July 28, 2015, the Defendant promoted the said E site or received approximately KRW 527,00,000,000,000,000,000,000,000 from C, etc.

As a result, the defendant assisted the gambling opening of C et al.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of J, K, L, and M;

1. Statement made to D by the police;

1. Seizure records;

1. The application of Acts and subordinate statutes to each screen photograph, each internal report, and each investigation report;

1. Relevant Article 247 of the Criminal Act and Selection of Penalty for the Crime. Article 247 (General Provisions and Selection of Imprisonment);

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Articles 2, 8, and 10 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment, and Supreme Court Decision 201Da1338, Nov. 30, 2007