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(영문) 의정부지방법원 고양지원 2016.06.24 2016고합11
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Reference Facts] On July 15, 2003, the Defendant acquired F Co., Ltd. (hereinafter “F”) to conduct lottery business, and took overall charge of F affairs as the Chairperson by November 29, 2004.

G is the actual operator of H Co., Ltd. (hereinafter referred to as “H”), the Defendant’s internal female, who is the F’s agent.

I is a person registered as the representative director of H.

F on August 29, 2003, the Korea Science Foundation and the Korea Science Foundation, which are the competent authority in charge of the technological development lottery business, entered into an entrustment contract with regard to the issuance of cyber lottery tickets among the issuance of technological development lottery tickets, and on February 5, 2004, the Korea Science Foundation had obtained approval from the Ministry of Science and Technology for a plan for the technological development lottery project, such as the introduction of the J through a new device (one name “K lottery,” a kind of cyber lottery) from the Ministry of Science and Technology.

However, as the Korea Science Foundation was launched on April 1, 2004, the Korea Science Foundation sent a public notice to the F on March 26, 2004 and March 29 of the same month, stating that “The sale of the Internet lottery tickets through a short term is in line with the lottery sales method according to the type of lottery tickets and the future lottery policies.” Thus, the Korea Science Foundation sent a public notice stating that “The sale of the K Lottery tickets is reserved.”

After that, on May 31, 2004, the Office of National Affairs Coordination (the Enforcement Decree of the Technology Development Promotion Act was amended on March 29, 2004, and the technology development lottery work was transferred from the Korea Science and Technology Foundation to the Science and Technology Association) requested measures that “the cyber technology lottery ticket (one name K lottery ticket) issued and sold through an exclusive device in F is in the form that does not comply with the purpose of issuing lottery tickets, so the Ministry of National Affairs issued and sold the plan by June 8, 2004.”

Accordingly, F shall operate 537 terminals installed and operated prior to the enforcement of the Lottery Fund Act on June 8, 2004, limited to and operate the 537 terminals, and the terminals opened after the enforcement of the Act shall be carried out gradually.

“The measure plan was submitted to that effect.”

[Criminal facts] The Defendant is G and I.

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