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(영문) 부산지방법원 2014.11.17 2014고단6955
국민체육진흥법위반등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

B and C (B’s wife) is a person who opened and operated a gambling site called “D” (hereinafter “instant gambling site”) with the content that gambling members deposit dividends to gambling members according to the dividend rate if they enter the betting tickets in a foreign stable, camping district, and deaf-gu game.

The Defendant, as a staff member of the instant gambling site operator, of the said B, etc., in collusion with the said B, etc., and operated the instant gambling site from June 1, 2012 to June 18, 2014, the Defendant deposited KRW 27,970,915,549 in the gambling account for the said period from June 1, 2012 to June 18, 2014, and deposited the dividends in accordance with the sales rate of the betting amount, and deposited the dividends to the instant gambling members, and the remainder of the sales amount, from June 1, 2012 to October 10, 2013, the Defendant received the money from the said members overseas from the said members to the said KRW 305,970,915,549 from June 1, 2014 to the said members, or deposited the said KRW 1205,05,000 from the said members overseas to the said Gyeonggi site.

Therefore, even if the defendant is not the Seoul Olympic Sports Promotion Foundation or the entrusted business entity, the defendant issued sports betting tickets or similar things and provided property or financial benefits to the persons who win at the betting, and at the same time, opened a gambling place for profit.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of the police officer with regard to G, H and I;

1. Application of Acts and subordinate statutes to a criminal investigation report (a list of crimes and screen pictures of gambling site), transmission mail data, reports on internal investigation, and reports on investigation;

1. Relevant Articles 247 and 30 of the Criminal Act for criminal facts (the occupation of gambling places) and the former National Sports Promotion Act (Law No. 11690).

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