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(영문) 대구지방법원 김천지원 2013.04.11 2013고단111
국민체육진흥법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] Defendant B, at the Busan District Court on November 28, 201, was sentenced to a suspended sentence of three years for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Busan District Court, and the sentence on January 5, 2012 became final and conclusive and is still under suspended sentence.

【Criminal Facts】

1. No person who violates the National Sports Promotion Act shall design, manufacture or distribute a system of issuing sports promotion betting tickets or similar by means of information and communications networks, or provide such things to the public for use;

Nevertheless, around May 2012, Defendant A purchased a shot program of “sports soil” sold in the city through the Internet as part of a sports promotion betting ticket from a person who has no personal reputation, and requested Defendant B to produce a “sports soil” reproduction program. Defendant B decided to receive KRW 600,000 per program from Defendant A, and produced a “sports soil” program.

After that, around May 2012, Defendant A, at his own house located in the Gumi-si, Si, 102 Dong 501, posted an advertisement language on the Internet “Stop sales” as “top site sales” on the Internet “Stop site sales”, and sold the said program to E, etc., who contacted the purchase (as indicated in the attached list of crimes: F, site address: 3, such as G, etc.), at a total of six times from that time until September 2012, Defendant A sold the said program, which was created by Defendant B, as shown in the attached list of crimes.

Accordingly, the Defendants conspired to produce and distribute a system that issues similar things to sports betting tickets.

2. The Defendants, at the above time and place, paid dividends according to the failure of the sports competition by allowing a large number of unspecified people to walk money by operating the said E’s reproduction program via the Internet.

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