Violation of the law of gold, establishment of gambling space, habitual gambling, electronic financing

Act on Regulation and Punishment of Criminal Proceeds Concealment, etc.

violation of applicable rate

9,505,634 won shall be additionally collected from the defendant. The order of provisional payment equivalent to the above additional collection charge shall be issued.

1. Joint offenses of the Defendant and D, E, F, and sexually incurable G;

On October 23, 2018, the Defendant, along with D around October 23, 2018, conspired with D to conduct betting on behalf of the gambling users on behalf of the gambling users and D to receive money or exchange money from the customers, and to participate in division of the profits. From November 20 of the same year, EF, EF, and sexual French G from November 20 of the same year participated in the operation of the gambling, and the Defendant and D intended to receive or exchange money from the gambling users on behalf of the gambling users.

A lottery business operator and any person who fails to enter into a contract for the sale of lottery tickets shall not sell lottery tickets online for profit-making purposes, and any person who intends to engage in speculative business that collects property or property benefits from many persons and determines the acquisition and loss of property or loss in an incidental manner shall obtain permission from the commissioner of a district police agency, and no person shall open a gambling space for profit-making purposes.

Nevertheless, around October 23, 2018, the Defendant recruited to operate the off-line game of the gambling site, which is D and illegal strike, as above, and opened the H building at the time of Jinju, which is the residence of D, and the 2nd floor of the 2nd floor, installed a computer, monitor, and TV to be used for the 'shortball' game. The Defendant registered the I Account in the name of D on the floor to the head office of the gambling site, and completed preparation for the 'shortball' through the above account after transferring the 'shortball' to the account at the head office of the site, and filling the points in advance, and then making it possible for customers to gambling.

On October 28, 2018, the Defendant operated a 'illegal' game room on the 2nd floor of D from October 28, 2018 to 200, D operated 10,000 won, and D used 200,000 won, 10,000 won, 300,000 won, 200,000 won, and 10,000 won, 200,000 won, and 10,000 won, 200,000 won, and 10,000 won, and 200,000 won, and 10,000 won, from 20,000 won, to 10,000 won, and 10,000 won, 20,000 won, and 10,000 won, 20,000 won, and 10,000 won, 200,00.

As a result, the defendant in collusion with D, E, F, and sexual G, sold online lottery tickets for profit without concluding a contract on the sale of lottery tickets with lottery business operators, operated speculative business without obtaining permission from the commissioner of the district police agency, and opened a gambling space for profit.

2. The defendant's sole crime;

(a) Violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., violation of the Lottery Tickets and Lottery Fund Act, and establishment of gambling space;

Around November 28, 2018, the Defendant operated a gambling room with D and illegal waveball, as set forth in paragraph (1) around November 28, 2018, had been able to suspend joint operation and independently engage in gambling. The Defendant, around March 4, 2019, was able to deposit the two houses located in Jinju-si, Jinju-si, 0 Building P around March 17, 2019, and the two houses located in Jinju-si, 00, and each location "Polball-si," with each location "Minball-si," and installed a computer body, monitor, TV, and set up a board for betting on the floor, with the head office of the gambling site "illegal" in the name of the Defendant bank, and after registering the account in the name of T in the name of T, with the head office of the 'Polk-si'. The Defendant completed the preparation of the 'Pol-si account' in advance.

On March 4, 2019, the Defendant operated a NV 2 NV game room on the second floor of Jinju-si, and sold online lottery tickets to customers who find there, such as L, K, M, U, etc., for each game run for five minutes, at least KRW 10,00 won, KRW 10,000,000, KRW 300,000, and KRW 10,000,000, KRW 10,000, KRW 300,000, KRW 300,000, KRW 300,000, KRW 10,000,000; and the Defendant sold cash in the betting market on behalf of them; and the Defendant sold online lottery tickets to the betting site on behalf of them (point 1,10,00,000, KRW 110,00) according to the result of the game games distributed by customers.

In line with the dividend rate, a speculative business is conducted without obtaining permission by exchanging winning money, regardless of the winning plaque of the game, customers receive 2.5% of the betting amount as above and receive profits from commission, and let the above customers do gambling in the above game by using a computer in which the above 's "spamball" program is included, and then, from June 30 to June 30, 294, 363,90,498 won in total, as shown in the annexed Table 3, such as the annexed Table 3, was used for online lottery sale and speculative business, and received profits from the above method, opening an gambling place, and selling online lottery tickets, selling online lottery tickets, conducting the speculative business without obtaining permission from the Commissioner of the Local Police Agency, and opening a gambling space for the purpose of profit-making business without concluding a contract on the sale of online lottery tickets.

B. Violation of the Electronic Financial Transactions Act

Except as otherwise expressly provided for in other Acts, no one may transfer or take over means of access. Nevertheless, on July 2018, the defendant requested T to "to have a passbook opened and to change a card because he/she wishes to engage in money transaction," and on July 31, 2018, he/she taken over a physical card, one, and a password connected to the I Account in his/her name from T within the W Notes located in V at Jinju City.

Around August 1, 2018, the Defendant, at the Defendant’s residence located in Jinju-si X building Y, connected to the French gambling site that became aware of smartphone advertising. B) deposited points by remitting KRW 301,800 via T-type I account in the name of T-type transferred as referred to in paragraph (3), and then gambling at each page of KRW 10,000 through KRW 30,000,000 from June 30, 2019, and carried out gambling for 326 times from that time to June 30, 2019, as shown in the attached Table 4. Accordingly, the Defendant habitually gambling.

(d) Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment.

around April 20, 2019, the Defendant: (a) operated a gambling warehouse in the Jinju-si Building P and Q buildings R, Jinju-si; (b) had the intent to conceal criminal proceeds; (c) registered the said account transferred to T in addition to the account for the purpose of selling the points charging points and the fee exchange account; (d) the Defendant used the said account from April 27, 2019 to June 30, 2019 for the charging charge for gambling funds; and (e) received a total of KRW 22,660,000,000, including gambling warehouse operation fees, from June 4, 2019 to December 12, 2019, from the said account. Accordingly, the Defendant pretended to acquire or dispose of criminal proceeds, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of interrogation of the accused (including D substitute part);

1. Statement made by the prosecution against A;

1. Each police interrogation protocol concerning D, AB, U,C, M, D, J, and T;

1. Each police statement made to AE and AF;

1. Application of Acts and subordinate statutes to each photograph (Evidence Nos. 8, 10, 51, 55) (Evidence List Nos. 24,57), each T-name I Account Statement (Evidence List No. 24,57), each investigation report (Evidence List No. 32,49, 66), separate books (A Warehouse-related account No. 8, 10, 51, and 55);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 30(2)1, 4(1)2, and 6(1) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (the act of selling online lottery tickets without entering into a contract with a lottery business operator), Articles 30(2)1, 34(3)2, and 6(1) of the Lottery Fund Act (the act of selling online lottery tickets without entering into a contract with a lottery business operator); Article 30 of the Criminal Act applies to the crime of paragraph (1) of the same Article); Article 247 of the Criminal Act (the act of opening a gambling space; Article 30 of the Criminal Act applies to the crime of paragraph (1) of the same Article); Article 49(4)1, and Article 6(3)1 of the Electronic Financial Transactions Act (the act of taking over any access medium); Article 3(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (the act of taking over any access medium); Article 3(1)1 of the Act on Regulation and Punishment of Punishment

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Collection: Article 10 (1) and Article 8 (1) 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment; Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Establishment of Gambling Space): Opening of gambling place space (Type 3) from August to June of imprisonment; and

(b) Second offense (Violation of the Electronic Financial Transactions Act): The basic area for committing a crime for the purpose of operating, organizing, or using a crime from June to June 1.

(c) Class 3 crime (Violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc.): The basic area of the speculative business and the manufacture and sale of speculative instruments without permission from June to April of imprisonment;

(d) Application of standards for handling multiple crimes: Imprisonment with prison labor for not less than eight months (a concurrent crime with an offense for which the sentencing criteria are not set);

2. During a period not having been short of the sentence, a direct operation of the gambling place with high speculation, and the size of gambling that took place is not small. Furthermore, the recipient of the means of access pretended criminal proceeds by acquiring the means of access, and engaged in gambling by himself/herself. On the other hand, the crime is recognized and the same kind of crime is not subject to punishment.

In addition, the size of the profits earned by the defendant is considered.

A person shall be appointed.