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(영문) 대전지방법원 2016.09.28 2016고단1855

도박개장등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant: (a) was a person operating gambling site (E) linked to the Internet gambling site (D) operated by his/her person in a false name; (b) from June 1, 201 to January 30, 201, the Defendant had gambling participants who joined the said website transfer money to the said website’s operating account; and (c) paid cyber money corresponding thereto to gambling participants; and (d) made use of the said cyber money to gambling, such as the embankment, spaker, and spats, which were posted on the said website, and then allowed them to play gambling during the said period by deducting a part of the sales money each time from the commission. By doing so, the Defendant made 27,198,000 won a total amount of gambling money to the gambling participants during the said period, and made profits of KRW 1,281,642,370 from the commission.

Accordingly, the defendant opened gambling for profit purposes.

2. On January 2012, the Defendant violated the Electronic Financial Transactions Act: (a) was known to the general public to use it as an operating account of the gambling site as set forth in paragraph (1) above;

F from the F, the head of the Saemaul Treasury account (Account Number G) and the security card and the check card were taken over from the F to take over the access media for electronic financial transactions.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the suspect of each police officer with regard to H;

1. Application of Acts and subordinate statutes to a criminal investigation report (re-specific of proceeds of crime), a criminal investigation report (report attached to a suspect interrogation report), an investigation report (Internet gambling site verification through carpets comments comments on comments made thereon);

1. In the event that a number of accessible media are transferred to the same opportunity under Article 247 of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013); Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 11731, Apr. 5, 201; hereinafter referred to as "transfer of accessible media"), one crime is established for each approaching medium; and the violation of each Electronic Financial Transaction Act is in a mutually competitive relationship.

It is reasonable to interpret (Supreme Court on March 25, 2010).

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