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(영문) 서울중앙지방법원 2016.05.13 2016고정240

국민체육진흥법위반(도박등)방조

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 30, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on December 8, 2015 and became final and conclusive on December 8, 2015.

A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall not engage in gambling using an act of offering property or property benefits (hereinafter referred to as "similar act") to a person who has issued (including the issuance through an information and communications network) sports promotion voting rights or others similar thereto and has correctly predicted the result thereof.

The Defendant, while operating B, a website that forecasts and analyzes sports games, posted the outcome of predicting the winning of a specific sports competition to the members of the said website. The Defendant, at other illegal sports earth sites, allowed the members to receive money from the Defendant’s predicted results, deposited the same amount into the deposit account of the said B site. If the result is small, the Defendant would bring the money received from the members, and if the result is small, the Defendant would return more than twice the money received from the members (the nominal sports betting). In short, the Defendant would operate the so-called “sports sports earth site” as a method of returning more than twice the money received from the members (the nominal sports betting).

From January 23, 2014 to January 24, 2014, the Defendant received a total of KRW 12 million from C, a member of the said site, to the account of the said B’s deposit account, and posted the predicted results of the sports games, such as stables and farming districts, after receiving the deposit of KRW 12 million from D, a member of the said site, to the account of the said B’s deposit account.

C around that time, it is worth KRW 5,000 to KRW 1,00,000 as notified by the Defendant on the expected results of the games among various sports games, such as the stable at home and abroad and the deaf-gu, after depositing the betting money, and then filling the cyber money.