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(영문) 인천지방법원 2017.07.20 2017고단4164

국민체육진흥법위반(도박개장등)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

61,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. No person, other than the Korea Sports Promotion Foundation and an entrusted business entity, shall engage in any act of offering property or property benefits (a similar act) to persons who win the results of sports promotion by issuing voting rights or things similar thereto, in violation of the National Sports Promotion Act and opening gambling in Seoul Olympic Games;

A. In collusion with C, D, and E, the Defendant opened a private sports gambling office in the Republic of Korea from August 2015 to November 2016, 2016. C, as the president, D, and E, took overall charge of gambling-related affairs as the president, D, and E, and the Defendant manages and supervises subordinate employees including the Defendant. The Defendant, upon receiving instructions from C, etc. to the office of Korea on one of the private sports gambling sites operated by C, etc., performed the duties of purchasing large passbooks, managing employees’ benefits, and receiving criminal proceeds from the exchange recipients, he/she paid to many unspecified members of the above site the amount of money to KRW 50,00,00,00,000, which was actually received from its members, by means of predicting the rate of winning, winning, and points of domestic and overseas sports games, such as livestock games, etc., and the amount of money to KRW 5,00,00,000,000,00 from its members.

Accordingly, the defendant committed similar acts in collusion with C, D, and E, and at the same time opened a space for gambling for profit-making purposes.

B. Upon the arrest of C around November 2016 and the above “F” site was closed, the Defendant conspired with G, one of the president of C’s share, and opened a private sports gambling office in Cambodia from around that time to May 28, 2017. G, as the new president, takes charge of gambling-related affairs, manages subordinate employees including the Defendant, and the Defendant manages G’s private opinion operated by G.