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(영문) 의정부지방법원 고양지원 2015.04.28 2015고단586
국민체육진흥법위반등
Text

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

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

Reasons

Criminal facts

No person, other than the Seoul Olympic Sports Promotion Foundation and an entrusted business entity, shall issue sports betting tickets or similar things (including the issuance by means of information and communications networks) and provide property or financial benefits to persons who win at the betting results.

Nevertheless, on January 2015, the Defendant, other than the trustee, was asked to manage the above site by Dong, who is the operator of the website D of the Internet-based sports site.

Since January 24, 2015 to March 4, 2015, the Defendant, in collusion with E, received KRW 54,960,00 from the members of the Defendant’s house F and 01 in order to collect from the members who had been recruited by E in an unsound manner, using the account in the name of G (H), one bank account (C), and deposited KRW 54,960,00,00 as shown in the attached list of crimes in the attached Table 1. The Defendant, in collusion with the members, exchanged dividends calculated according to the ratio of the distribution of each sports game to the members of the hostile members and recovered the amount of money distributed from the unpaid members, and opened gambling for the purpose of profit-making.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. Each investigation report (Adjustment of details of accounts of community credit cooperatives of a suspect, and verification of the timing to commit a crime A by a suspect);

1. Each protocol of seizure and each list of seizure;

1. Account transaction details and real estate monthly rent contract;

1. Application of Acts and subordinate statutes to gambling site photographs;

1. Article 47 subparagraph 2 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning the facts constituting an offense, Article 30 of the Criminal Act, Article 247 of the Criminal Act, Article 30 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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