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(영문) 수원지방법원 2018.08.13 2018노1868

범죄단체가입등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

12,000,000 won shall be additionally collected from the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (a year and April of imprisonment, and a collection of penalty) is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant, taking part in the so-called illegal sports soil site manager of the promotional department, and managed and operated the promotion team of the Defendant’s emblem. Considering the social harm of the illegal gambling site, the organization of this case was its head office in a foreign country to avoid control, the period of operation, the number of participating union employees, and the scale of its funds, etc., the Defendant’s liability for the crime is heavy. In particular, the Defendant, acting as a manager of the organization to monitor and encourage subordinate union employees to play a role in the systematic and long-term operation of the organization, thereby severely punishing the Defendant.

However, in light of the size of the public relations team in charge of the defendant, the period of the maintenance of the team, the scope of the defendant's authority, the status within the organization, and the period of participation in the crime, etc., the defendant's public relations team appears to have been relatively weak in terms of the degree of participation or the degree of contribution of the organization to the so-called G team in charge of the main axis of the public relations team within the organization of this case. In addition, the defendant's public relations team of this case appears to have been in charge of the public relations activities for about 7-8 months during the period of the crime that the defendant left for one year, like other employees, while managing the small-scale public relations team within the organization (the defendant's public relations team of this case appears to have been aware of some members of the G team at the time when the defendant's public relations team of this case worked at the public relations team of this case). The remaining period, if not exclusively belonging to the organization of this case, can also be seen to have been in charge of the affairs of the organization of this case.