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(영문) 광주지방법원 순천지원 2018.12.17 2018고정286
복권및복권기금법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant entered into a contract with B on the sale of lottery tickets and set up a lottery ticket issuer in the D convenience store for the sale of lottery tickets, and E is a convenience store in net City F, and D convenience store.

No one shall sell lottery tickets online for profit without concluding a contract for the sale of lottery tickets with a lottery business operator.

In E and D convenience stores, the Defendant conspiredd to divide monthly profits when selling C lottery tickets instead of E, the main owner of E.

Thus, although E did not enter into a contract on the sale of lottery tickets with B and C, E issued and sold C lottery tickets from July 22, 2015 to December 12, 2017 to unspecified customers who want to purchase C lottery tickets while operating the D convenience store.

In addition, 50% of the sales proceeds (5% of the total sales proceeds) was divided into profits by the defendant who has been placed more than 30%, and 30% was transferred to G head office to the defendant and added up the sales proceeds of E's D convenience stores.

As a result, the defendant did not enter into a contract on the sale of lottery tickets with a lottery business operator and sold online lottery tickets for profit in collusion with E.

Summary of Evidence

1. Partial statement of the defendant;

1. The protocol of suspect interrogation of each police officer regarding E;

1. A copy of each contract (the defendant and defense counsel are only selling lottery tickets online by installing a lottery ticket issuer at the convenience store operated by E, who have entered into a contract for the sale of lottery tickets with the lottery business operator online, and thus do not constitute selling lottery tickets online without concluding a contract;

The argument is asserted.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., the Defendant installed a lottery ticket issuer at the convenience store operated by E from the beginning.

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