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(영문) 전주지방법원 2017.12.15 2017고단2099
도박공간개설등
Text

A defendant shall be punished by imprisonment for two years.

When gallon, seized Samsung Tallon, one electronic information stored in S8 (M-95N) C (No. 1).

Reasons

Punishment of the crime

1. He/she shall not engage in an act of offering property or property benefits to a person who has correctly predicted results by issuing voting rights for sports promotion or things similar thereto, or establish a space for gambling for the purpose of profit-making;

From December 5, 2016 to August 22, 2017, the Defendant: (a) set up an office on an unclaimed apartment in the city of China; (b) opened an Internet illegal sports soil site D; and (c) recruited many unspecified members through text advertisements; and (d) received money equivalent to KRW 5,254,594,63 in total from the said members to three large accounts, such as a national bank account (F) in the name of limited company E, as indicated in the list of crimes, from the said members, and exchanged the money into cyber money; and (b) had the members exchange the money in excess of KRW 5,254,594,63, as indicated in the list of crimes; and (c) operated the said site by paying dividends to the members meeting the result of the act of obtaining money from the members who did not receive dividends.

Accordingly, even if the defendant is not an entrusted business entity, he/she committed an act of providing property or property benefits to a person who correctly predicted the result by generating sports promotion voting rights or similar things, and at the same time opened a gambling space for profit-making purposes.

2. The Defendant, in violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds, opened and operated the aforementioned “D” site at the time and place specified in paragraph (1), and pretended to acquire criminal proceeds from the establishment of a serious gambling space by receiving a total of KRW 5,254,594,63, as shown in the List of Crimes, from three large accounts, such as a national bank account (F) in the name of the limited company E, to avoid tracking and controlling investigation agencies.

Summary of Evidence

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