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(영문) 수원지방법원 평택지원 2018.02.22 2017고단2066
국민체육진흥법위반(도박개장등)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal records] On February 8, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for aiding and abetting fraud at the Suwon District Court’s Pyeongtaek District Court’s Bupyeong District Court on one-year suspension of execution, and the judgment became final and conclusive on February 16, 2017.

[2] A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games and a person who is not an entrusted business entity shall not engage in an act of offering property or property benefits to those who win the result by issuing sports promotion voting rights or others similar thereto (including issuing through an information and communications network), and no person shall establish a space for gambling for the purpose of profit.

The Defendant is a person who served as an employee in “D (after the change of trade name)” located in the Philippines C, an illegal sports soil site company B operated by the Defendant.

On January 19, 2016, from around June 2, 2016 to around June 2, 2016, the Defendant was employed by the said “D (E) office, and was in charge of managing the message board of the said site, conducting sports games, customer center meetings, and entering value into the said site’s charging account, and when the said site member deposited into the said site, he/she charged the said site with the game money, and when the member conducts a betting amount from at least 50 million won to a maximum of one million won, he/she obtained or lost the game money up to three million won depending on the game result, and operated the illegal sports entertainment site by depositing the amount equivalent to the game money into the account designated by the member upon the request of the member for the transfer of the refund.

As a result, the Defendant, in collusion with the above B, committed an act of providing property or property benefits to a person who correctly predicted the result by issuing things similar to the sports promotion voting right, and at the same time opened a space for gambling for the purpose of profit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each report on investigation;

1. Previous convictions: Application of written inquiries about criminal history and Acts and subordinate statutes;

1. Relevant provisions of the Act concerning facts constituting an offense;

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