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(영문) 대구지방법원 2016.04.22 2016고정389
국민체육진흥법위반(도박개장등)등
Text

Defendants shall be punished by a fine of five million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 2015, Defendant A, at the office located in the Dongdong-dong City of China, recruited members who received Do money from members of the website and deposited Do money in betting, and recruited refund money according to the dividend rate, in accordance with the direction of C (the indictments binding on December 11, 2015) that oversees the operation of the private sports soil site at the office located in the Dongdong-dong City of China.

Accordingly, the defendant and C from June 20, 2015 to the same year.

8. Until March 3, 200, a single-name “D” (E, F) site, which is a private sports soil and entertainment site, was opened in the above Chinese office, recruited multiple members, and then transferred KRW 53,510,00 to one bank account in the name of Solar (4199023804) from members, and deposited the same as the betting amount with the total of KRW 53,510,000, and had the members predict the winning of various domestic and foreign sports games, etc. at one time, and the members deposited the betting amount of KRW 10,00,000 at a maximum of KRW 3,00,00,000 at one time in the manner that the members remit the refund amount of KRW 49,472,856 in total in accordance with the fixed dividend rate.

Accordingly, even though the defendant is not an entrusted business entity with the Seoul Olympic Sports Promotion Foundation and the Seoul Olympic Sports Promotion Foundation, the defendant, in collusion with the above C, committed an act of providing property or property benefits to those who win the result, and at the same time opened a space for gambling for the purpose of profit.

2. Defendant B, around June 2015, recruited members to gambling on the “D” gambling site as set forth in paragraph (1) in accordance with the proposal of the above C, and, if a member recruited by himself/herself failed to predict his/her plaque of a sports competition, etc. offered at the above gambling site, he/she would receive an amount equivalent to 30% of the betting amount as a settlement amount.

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