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(영문) 대전지방법원 2017.08.08 2017고단2603

국민체육진흥법위반(도박개장등)등

Text

A defendant shall be punished by imprisonment for two years.

Seized cash (50,000 Wons) 1,900 copies (No. 1) and Nonghyup Cash IIC card;

Reasons

Punishment of the crime

1. No person who opens a gambling or gambling space shall issue (including the publication through an information and communications network) sports promotion voting rights or things similar thereto and give property or property benefits to persons who win the result to the Seoul Olympic Games National Sports Promotion Foundation or a person who is not an entrusted business entity;

On September 1, 2016, the Defendant: (a) requested the Defendant to open a new online gambling site on condition that the Defendant would pay a certain amount of expenses to the online gambling site manager; (b) expressed that the Defendant purchased a bank account of a limited company C, etc. to be used for the operation of the gambling site from the said manager; and (c) expressed that the Defendant would operate the gambling site by purchasing the bank account of a limited company C, etc. to be used for the operation of the gambling site from the said manager; and (d) from September 1, 2016 to June 12, 2017, the said online gambling site “D operating the said website while paying a certain amount of expenses to the members of the said website, such as the national bank account in the name of the company C, etc.; and (c) paid a certain amount of money from the members of the said website to KRW 10,000,000,000 to KRW 50,000 by means of a specific sports competition.

As a result, the Defendant, in collusion with the names and influences of gambling site managers who are servers in Vietnam, committed acts similar to the issuance of sports promotion voting rights, and opened gambling spaces for profit-making purposes.

2. A person who violates the Electronic Financial Transactions Act shall not transfer or take over any medium access to electronic financial transactions, notwithstanding the fact that he/she is prohibited from doing so, between the police officer on September 2016 and October 20 of the same year.