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(영문) 서울중앙지방법원 2018.04.11 2017가합530286

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On December 30, 2008, the prosecution charged with the establishment and operation of the Internet gambling site in the name of “F” (hereinafter “instant gambling site”) in collusion with the Plaintiff, the Defendant, and C, D, E, etc. on December 30, 2008, by applying the Act on Sound Records, Video Products, and Game Products (hereinafter “The Music Act”) and the crime of opening gambling under the Criminal Act.

(A) The Plaintiff was sentenced to imprisonment with prison labor for one year, the suspension of execution for two years, and the surcharge for one year, and the surcharge for two years, and KRW 52,571,813, respectively, for the following reasons: (a) at the first instance court of the relevant criminal case, the Plaintiff processed the instant gambling site management work, etc. in connection with the operation of the instant gambling site.

The prosecutor appealed from the judgment of the court of first instance on the grounds of unfair sentencing, and only the part on the additional collection among the judgment of the court of first instance was reversed, and the additional collection charge against the plaintiff was changed to 342,571,813, and the judgment of the appellate court became final and conclusive by the

The defendant was pronounced not guilty in the first instance court of the relevant criminal case of this case.

In an open appellate trial after a prosecutor appealed a mistake of facts, the part of the judgment of the first instance court against the defendant is reversed, and the defendant, as the actual co-operator of the gambling site of this case, is deemed to have processed overall affairs such as fund management and settlement of profits, and all facts charged are found guilty, and the court sentenced the defendant to imprisonment with prison labor for a year and June, a suspended sentence of three years, and a surcharge of 210,000,000 won, and the decision was finalized by the Supreme Court.

Meanwhile, the “joint business agreement” prepared between the above accomplices regarding the establishment and operation of the gambling site of this case stated that the Plaintiff and G have 20% shares in the pertinent business.

From the early stage of the investigation, the Plaintiff is the Plaintiff and G in the name of 40% shares of the Si.

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