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(영문) 서울남부지방법원 2018.01.12 2017고단4652

도박개장방조등

Text

1. The crime of aiding and abetting the establishment of gambling space in the judgment of the Defendant A, the crime of obstructing each business, and the crime of reproducing an official electronic record, etc.

Reasons

Criminal facts

Defendant

B On November 2, 2016, the Incheon District Court was sentenced to two years of suspension of execution in August 2, 2016 due to a violation of the National Sports Promotion Act (such as opening of gambling), and the judgment became final and conclusive on November 10, 2016.

1. On February 2017, Defendant A established a prompt term “YO corporation” under the name of Defendant A from Defendant B, and then established a “YO corporation” account under the name of Defendant B, and agreed to pay KRW 500,000,000 per week when creating a “SYA” account, such as the access media to the said account, and then, Defendant A established a “SY corporation” under the name of the limited company K and limited company L, with the consent of Defendant B to pay KRW 5,00,000 per week.

(a) Except as otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall use or manage any access medium, lend or store, deliver or distribute any access medium with the knowledge that such medium is intended to receive, request or promise the consideration, to use it for a crime or to use it for a crime;

1) At the end of February, 2017, Defendant A, as the representative of Defendant A, lent to Defendant B, in accordance with the direction of Defendant B, an access media, such as each passbook, physical card, OPT, and USB in which the official seal is stored, which was known that it will be used for a crime, and received KRW 500,000,000 from March 2017.

2) In the vicinity of the Buddhist apartment located in Gangseo-gu Seoul Metropolitan Government around the beginning of April 2017, Defendant A is an access medium, such as a passbook, physical card,OPT, and the USB in which the official certificate is stored, which was falsely established by Defendant A as his representative. The access medium is a deposit account (Account Number: S, T), P bank account (Account Number: U), V bank account (Account Number: W. X.