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(영문) 광주지방법원 2018.10.26 2018고단3225
사행행위등규제및처벌특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

A lottery business operator and any person who fails to enter into a contract for the sale of lottery tickets online shall not sell lottery tickets online for the purpose of profit-making, and any person who intends to engage in speculative business which causes property gain or loss by collecting property or property from many persons and determining the profit or loss by an incidental method, shall obtain permission from the competent local national police agency, and no person shall open a gambling space for profit-making purposes.

Nevertheless, the Defendant sold online lottery tickets through which an unspecified number of customers entering the said game site using three computer sites where the private gambling site D (E) website programs are entered to relay or directly hold the “D”, which is a speculative act implemented in Young-gun C and 1, in the Nam-gun C and 1st to July 18, 2018, via the above online lottery tickets, to allow them to take money from KRW 10,000 to KRW 10,000,000. The Defendant opened a receipt by entering the computer and printing the winning prize in line with the distribution rate according to the result of the game, and had the said customer take money from KRW 48,50,00 for the above period of 40,50,000,000 by collecting fees from the users of the D gambling program.

As a result, the Defendant sold online lottery tickets for profit without concluding a contract on the sale of lottery tickets with lottery business operators, and obtained criminal proceeds of KRW 5,044,480 by engaging in speculative business without obtaining permission from the local chief police officer, and opened gambling spaces for profit-making purposes.

Summary of Evidence

1. The defendant's statement in court;

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