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(영문) 대구지방법원 서부지원 2017.01.05 2016고단2085

국민체육진흥법위반(도박개장등)등

Text

Defendant

A Imprisonment for one year, each of the defendants B shall be punished by imprisonment for eight months, and the defendant C shall be punished by a fine of two thousand won.

Defendant .

Reasons

Punishment of the crime

【Defendant A, on December 15, 2015, sentenced Defendant A to imprisonment with prison labor for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Daegu District Court on December 15, 2015 and the said judgment became final and conclusive on December 23, 2015.

[Criminal Facts]

1. Joint crimes committed by Defendant A and B;

(a) No person, other than an entrusted business entity, who jointly commits a crime related to the relocation of gambling with the Defendants’ E, F, G, or H, shall engage in an act of offering property or property benefits to persons who correctly predicted the outcome by issuing sports promotion voting rights or similar things, and no person shall establish a space for gambling for profit.

Nevertheless, the Defendants, along with E, F, G, and H, opened an “I, and J,” which is an illegal sports soil site, recruited members of the above gambling site and allowed them to gamble to share the profits according to their respective roles, and subsequently, E and F served as a criminal act by directly withdrawing and delivering to the Defendant the following: (a) raising funds for the operation of the above gambling site; (b) promoting the recruitment of members; (c) promoting the recruitment of office employees; (d) managing the above gambling site’s filling and exchange accounts to be used for the above gambling site’s operation account; (b) withdrawing and delivering the proceeds from the above gambling site’s operation account; and (c) Defendant A and H, at the direction of Defendant A, withdrawing and delivering the proceeds from the above gambling site’s operation account to E; and (d) withdrawing and directly distributing the proceeds from the passbook’s operation account to Defendant A.

E, F, etc. are recruited as members at the office located in the studio in Daegu-gu and the office located in the Si/Gun in Vietnam-gu, Nam-gu from August 2014 to October 10, 2016, and at the above sites, such as I, J, etc., and then recruit gamblings.