beta
(영문) 대전지방법원 2018.02.08 2017노3245

국민체육진흥법위반(도박개장등)등

Text

The judgment of the court below is reversed.

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

Seized evidence 1, 6 through 17 shall be confiscated, respectively.

Reasons

The decision of the court below on the summary of the reasons for appeal (one year of imprisonment, confiscation) is too unreasonable.

As to the violation of the Electronic Financial Transactions Act among the facts charged by the prosecutor, the court below erred by misapprehending the fact that the defendant received the price and lent three of the approaching media AC, but the other party who lent three of the approaching media was F.

The punishment sentenced by the court below is too uneasible and unfair.

Before the judgment on the grounds for appeal ex officio, the prosecutor applied for the permission of changes in the indictment to the effect that the facts charged are modified as follows in the trial before the judgment on the grounds for appeal ex officio, and since this court permitted this, the judgment of the court below is no longer maintained.

In accordance with the purport of the assertion of mistake of the above facts, the prosecutor applied for permission to amend the Bill of Indictment containing the change of the other party who leased the approaching medium to AC as to the violation of the Electronic Financial Transactions Act in the trial of the above facts. The prosecutor's assertion of mistake of the above facts is no longer subject to the judgment of the court.

The revised facts charged of this case

1. No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall provide property or property benefits to persons who win the results of sports promotion by issuing voting rights or things similar thereto;

Nevertheless, the opening staff of the untitled Internet gambling site is able to open and operate the Internet sports Saturday site called "D", and they receive money from many customers using the gambling site using a large number of passbooks and recruited books to withdraw in the form of organization under the management of the lighting staff, and let them withdraw the money.