(영문) 울산지방법원 2020.02.04 2019고정298

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2020.02.04 2019고정298

복권및복권기금법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of the building located in Ulsan Northern-gu B, and has entered into a contract for the sale of lottery tickets online with the lottery business operator, and C is the person who operates the d convenience points on the first floor of the above building.

A lottery business operator and a person who fails to enter into a contract for the sale of lottery tickets online shall not sell lottery tickets online for profit.

Nevertheless, from May 2017 to November 14, 2018, the Defendant entered into an agreement to provide C with 10% of the online lottery sales amount instead of selling online lottery tickets, and C did not enter into an agreement to sell online lottery tickets to many unspecified customers for profit.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes governing the check of lottery ticket sales points;

1. Relevant Article 34 (3) 2 and Article 6 (1) of the Lottery Fund Act and the option of lottery tickets and punishment for criminal facts, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the following private circumstances, the facts charged of the instant case where the Defendant conspired with C who did not enter into an online lottery sales contract and sold online lottery tickets for profit in collusion with C for the purpose of profit-making by taking into account the following factors: (a) the basis for the judgment of conviction under Article 62(1) of the Criminal Act (such as the fact that the Defendant did not obtain direct economic benefits, such as receiving the amount of commission allocated to the Defendant through the commission; and (b) the Defendant did not have any same criminal record

(1) The defendant is the owner of a building stated in the facts charged.

참조조문

-복권 및 복권기금법 제6조 제1항

-복권 및 복권기금법 제34조 제3항 제2호

-형법 제62조 제1항

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

-울산지법 2020. 2. 4. 선고 2019고정298 판결

-서울북부지방법원 2019.01.22 2018고정1666

-전주지방법원 군산지원 2019.01.16 2018고단1320

-부산지방법원 동부지원 2019.01.10 2018고정382

-대구지방법원 서부지원 2019.01.29 2018고정435