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(영문) 서울중앙지방법원 2016.02.05 2015고단8181

국민체육진흥법위반(도박개장등)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2012, the Defendant, along with B, C, and D (former trial at the Ulsan District Court on May 4, 2015), opened and operated an illegal Internet sports earth site in the Chinese port and Cheongdo around August 2012, and the above B, requesting the “F” to open and operate the “G, H, etc.,” which is the private Internet sports earth site, and used it as the operating account, and managing the said account in Korea. The above site is in charge of the operation of the above site from August 2012 to November 201, and the Defendant, in charge of the entry of private sports earth site data, the local management, etc., and the Defendant, in China, through data entry into and dividend from the Internet banking, and the aforementioned business affairs, such as the payment of data and dividend, are shared within the country, and the above business affairs are shared, and the Defendant, in charge of the above business affairs.

A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall not issue (including the issuance through an information and communications network) sports promotion voting rights or things similar thereto to provide property or property benefits to persons who win the result.

Nevertheless, according to the above division of roles between Defendant and the above B, C, and D, from August 14, 2012 to May 23, 2013, the office of port state and Cheongdo in China established a sports soil site to the address of G and H, etc., recruited many members such as J and K through Internet advertising, etc., and made members take one time from the minimum amount of 5,000 to the maximum amount of 3,00,000 won for the result of the competition before the holding of the sports, such as domestic and foreign festivals and camping, and the members who did not pay a certain percentage of money to those members who did not know the result of the competition in accordance with the dividend rate, shall recover the said gold from the website to the total amount of 9,3,304,04.