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(영문) 서울동부지방법원 2018.03.07 2017고단4258

국민체육진흥법위반(도박개장등)등

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Defendant shall be punished by imprisonment with labor for six months, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

No person, other than an entrusted business entity, shall provide property or property benefits to persons who win the result of sports promotion by issuing voting rights or things similar thereto, and no person, other than an entrusted business entity, shall open a space for gambling for profit.

B (mutual change toC) is an illegal sports soil site operated by D with offices located in the area of Vietnam Ethy, the Philippines, and D.

From March 2015 to December 2015, the Defendant: (a) was employed by the Vietnamnian office in charge of the management of bulletin boards, games, customer centers, etc.; and (b) when a member of the website deposited the above site in the filling account, he/she deposited the game money; (c) when a member of the website reads the game with a maximum of KRW 500 to KRW 1 million, he/she collected or lost the game money up to KRW 3 million according to the result of the game; and (d) when a member conducts the betting amount from KRW 500 to KRW 1 million, the Defendant operated an illegal sports soil site by depositing the amount equivalent to the game money into the account designated by the member upon the member’s request for refund.

As a result, the Defendant, in collusion with D, issued similar things to the sports promotion voting rights, provided property and property benefits to the hostile person, and opened a space for gambling for the purpose of profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to copies of arrest warrant (D);

1. Article 47 subparagraph 2 of the National Sports Promotion Act and Article 26 (1) of the same Act, Articles 247 and 30 of the Criminal Act;

1. Article 40 or 50 of the Criminal Act of Commercial Concurrent Crimes (Punishment as a crime of violating the Promotion of National Sports which is heavier than punishment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (limited to an employee's participation in the payment of benefits, and consideration, such as the fact that only one punishment of a fine for negligence exists prior to the instant case);

1. The Criminal Act, such as community service;