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(영문) 서울중앙지방법원 2018.02.23 2017고단7662
국민체육진흥법위반(도박개장등)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. From October 20, 2012 to April 29, 2016, the Defendant established an online private sports promotion betting tickets sales site, such as “E,” using the sports soil server outside the Philippines, and caused its members to join the website, and then deposited money with the same amount as the money paid to its members by charging the mileage equivalent to the same amount of money as the money paid to its members. The Defendant, from around October 20, 2012 to around April 29, 2016, predicted the outcome of the sports promotion games, such as the stable, deaf-gu, and camping districts, which were made at home and abroad by paying the mileage according to the actual results of the sports, provided the members with profits similar to the amount of money paid by collecting the money from those who did not pay the mileage in accordance with the dividend rate set according to the actual sports, and provided the same amount of money to the members using the information and communications network as 152,298,788,79.78

2. The Defendant violated the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds: (a) opened a server in the Philippines, as described in paragraph (1), and received money equivalent to KRW 5,732,500,000 by operating the Internet illegal sports soil site; and (b) opened and stored in a bank by withdrawing in cash the F apartment 104, 1502, Namyang-gu, Gyeonggi-do, the Republic of Korea, in order to make it impossible or difficult to trace and detect the proceeds of the crime; and (c) opened it in a bank by raising revenues equivalent to KRW 5,732,50,000 by operating the Internet illegal sports soil site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to G, H and I;

1. Each police statement concerning J, K, L, and M;

1. N’s statement;

1. Each investigation report (time 20, 21, 30, 45, 56, 57, 73 through 77, 79 through 81, 83, 84, 89, 91, 92, 98, 105, 113, 119, 120, 127), the total list of seized articles, each protocol of seizure, and each protocol of seizure;

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