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(영문) 전주지방법원 2017.03.23 2016고단2051

국민체육진흥법위반(도박개장등)등

Text

Defendant

A Imprisonment for one year, each of the defendants B and C shall be punished by imprisonment for six months.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

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

Defendants conspired and conspired from May 16, 2016 to June 22, 2016, the Defendants opened and operated the H room 401 of the YY-gu Seoul Special Metropolitan City from May 16, 2016, and Defendant A, a Japanese server, and Defendant B and C opened and operated a private sports soil site (I) in Japan. Defendant B and C, each of their roles, such as writing attracting customers at the message board of the above website, and adjusting the dividend rate.

Therefore, while operating the above site as above, the Defendants received money for gambling from the above members to the account under the name of "J (Korean bank K)" (Korean bank), and again remitted money to the account under the name of "L (Korean Bank M)" (Korean K). The Defendants deposited cyber money equivalent to the corresponding money to the above members and caused the above members to carry out hosting of the above private sports game using the above cyber money, such as "on board, handbaf, back, Spain, Spanish, etc." and then exchanged money to the account under the name of "Korean bank (Korean bank M)" (Korean bank M), and did not refund the money if the request for money was failed.

As a result, even though the Defendants were unable to provide property through the sports promotion voting rights as provided by the National Sports Promotion Act, the Defendants conspired to open a private sports soil site and opened gambling by classifying and managing the operating account.

2. On May 10, 2016, Defendant A’s violation of the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”) decided to purchase KRW 1.5 million per each financial account from a person in non-name, on the front side of Q restaurant in Seoul P around May 10, 201.