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(영문) 수원지방법원 2014.12.11 2014노5385
국민체육진흥법위반등
Text

The judgment below

Defendant C, E, F, J, K, L, and M shall be reversed.

Defendant

C. The imprisonment of 2 years and 6 months.

Reasons

Summary of Grounds for Appeal

Defendant B supplied the passbook to the upper accused C, etc. with the introduction of the Defendant A, but there was no participation in the operation of the site of this case. Thus, apart from the fact that he is held liable for aiding and abetting the instant crime, the Defendant is not a joint principal offender of the instant crime.

Defendant

C, J and L’s additional collection amount for the Defendants was merely a monthly salary, and there was a case where the Defendants did not pay monthly wages or received small amounts according to the operating profit of the instant site, and the Defendants cannot accurately memory the amount of money received in cash.

Since it is calculated based on the above, it constitutes a case in which it is impossible to specify criminal proceeds, and even if Defendant J shorter than Defendant C’s period of participation in the crime, more amount was collected, and part of the additional collection against Defendant C and J was conducted in overlap with confiscation, thus, the additional collection against the Defendants is unlawful.

The Prosecutor (Defendant A) stated each statement of the Defendant and the upper-tier Defendant B and C, the result of the cell phone digital analysis conducted by the Defendant and B, and the result of the analysis of related financial accounts, and the following circumstances acknowledged by relevant evidence, i.e., (i) opened up the passbook in the name of the Defendant or a third party or introduced the Defendant B to T despite the knowledge of the necessity for the operation of the site of this case, and (ii) as he was unable to be provided with the facebook due to the detention of the upper-tier Defendant B, he requested for the provision of the facebook, (iii) the Defendant consistently received money from T, (iv) the facebook is one of the essential elements of the crime, and (v) the crime by the operation of the Internet gambling site.

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