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(영문) 대전지방법원 천안지원 2018.02.02 2017고정412
도박
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) around November 2015, the Defendant: (b) sold foreign futures trading companies without a certain amount of deposit; (c) became aware of the fact that the profit and loss of money was decided; and (d) opened the home set system (HTS) with members of the Nonindicted Trading Site operated by E, etc. (hereinafter “F”); (c) opened the home set system (HTS) with a view to carrying out virtual futures trading in connection with the foreign futures exchange index; (d) deposited KRW 2,200,00 in the national bank account in the name of the above site deposit account (H) with KRW 30,00,00,000; and (e) deposited the corresponding cyber money with KRW 1,60,000,000 from 70,000,000 to 80,0000,0000 from 20,0000,000 more than 60,000,000 gold 2,08,00.

2. The Defendant’s summary of the Defendant’s assertion was aware of the fact that the futures trading was actually conducted through F, and the F was not aware of the fact that it was a virtual trading site without actual trading.

Therefore, the defendant did not have the intention of gambling.

3. Determination

A. The key issue of the instant case is whether the Defendant was aware of the fact that F was a virtual trading site (the so-called “unified futures company,” and evidence recording 296 pages) without actual transactions.

Detailed contents, such as the classification of enterprises, etc., for reference to not more than 295 evidence records, that is, the defendant, not the defendant's perception of F as "the virtual trading site", but the illegal account in which actual transactions take place.

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