국민체육진흥법위반(도박개장등)등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. As to the inspection (1) erroneous determination of facts and misapprehension of legal principles on the violation of the National Sports Promotion Act (Gambambling, etc.), the Defendant directly recruited members and subordinate members of the one-name “D” website (hereinafter “D website”), which is a domestic master’s general sales book, and acquired 1% of the betting amount of the recruited members, and 0.2% of the betting amount of the recruited members, as commission.
Therefore, the defendant is not only to simply publicize the illegal sports gambling site, but also to be the subject of direct operation with the site operator. Therefore, the defendant is in violation of the prohibition of similar acts.
Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.
(2) The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unhued and unreasonable.
B. As to Defendant (1)’s establishment of gambling space prior to mistake of facts and misapprehension of legal principles, the Defendant merely advertised the Defendant’s website from September 4, 2015 to September 4, 2015, and did not hold shares.
In the case of a member who has correctly predicted the result of the operation, the amount calculated by multiplying the distribution rate by the amount of profit, and gain profits from not paying all money to the members who have not predicted the result. However, the defendant received some of the betting amount (1% of the betting amount of the recruited member, and 0.2% of the betting amount of the recruited member) of the members of the recruited D site, so there is a difference in the profit method and structure.
Nevertheless, the court below judged that the defendant's crime of aiding and abetting the establishment of gambling space is a co-principal on the period for which the defendant publicizedd the D site, the contents of the promotional act, and the nature of the benefit derived from the promotional act.