1. Violation of the National Sports Promotion Act (Gambling place, etc.)

(b) Opening of gambling spaces;

(c) Violation of the Electronic Financial Transactions Act;

1.(a) A

2.(c) B

The place of trial (prosecution), the place of trial (public trial)

July 23, 2020

[Defendant A] The defendant shall be punished by imprisonment for eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

An order of social service for 120 hours to a defendant shall be issued. 14,190,000 won shall be collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

[Defendant B]

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the accused to provide community service for 120 hours.

Criminal History Office

1. Defendant A

No person, other than an entrusted business operator, shall provide goods or financial benefits to persons who correctly predicted the result of issuing sports betting tickets or similar things.

The Defendant, by sharing the roles as follows with C (hereinafter referred to as “D”), E, F, G, etc., was invited to operate a private sports earth site in succession.

① “H” and “I” are opened and operated in a private sports sports entertainment site by means of opening a private sports sports sports entertainment site and inviting members to display money on the result of a domestic and foreign professional sports competition by inviting many unspecified members and paying dividends on the money to the members who correctly predicted the result, and if it is not string the result of paying dividends on the money, he/she shall bring about the money at the site.

(2) The J shall serve as the team leader of the operation team of "H" and "T" to report the management of employees, site earnings, number of hosting personnel, current status of new admission, etc.

(3) E shall take charge of the management of proceeds from gambling, the recruitment and management of large-scale bankbooks to be used on a website, the management of gambling site offices, the recruitment of operators on a website, and the overall management of overseas operations.

(4) The F shall be in charge of the delivery of proceeds from gambling and the delivery of passbooks.

(5) G shall collect money deposited in the gambling site operation account in a withdrawal book and deliver it to E, F, etc.

(6) The defendant shall take charge of the operation of sites, such as game management, customer center management, counseling and telephone, as team members.

Pursuant to the above public offering, C, from around December 3, 2015 to December 4, 2017, operated the gambling site of 22 K apartment units L and KMtel N and I located in China, 27,19,268,950 won in total to nine accounts, such as bank accounts in the name of 0,000, and 27,000,000 won from 20.7,000 to 27.7,000,000,000 won, and 7.7,000,000,000 won from 2.7,000 to 7.7,000,000,000 won, and 2.7,000,000 won from 2.7,000 to 7.7,000,000 won from 2.7,000,000 won, and 7.7,07,000 won.

Accordingly, the Defendant, in collusion with C, provided property or property benefits to a person who correctly predicted the result by issuing sports betting tickets or similar things, and opened a gambling space for profit-making purposes.

2. Defendant B

In using and managing the means of access to electronic financial transactions, no one shall, unless otherwise specifically provided for in any other Act, lend the means of access to any request or promise to receive compensation.

Nevertheless, around June 2015, the Defendant received a proposal to the effect that “If he lends an account to be used in the gambling site operation, he/she will offer KRW 500,000 per month,” from E in the vicinity of the Defendant’s residence in Yeongdeungpo-gu, Young-si, and accepted it, and notified the Defendant of cash cards, OTP, and authorized certificates connected to the Defendant’s bank account (T) under the name of the Defendant, and made the said E use of the account from around that time to February 2017, and received a total of KRW 7 million in return. Accordingly, the Defendant received compensation and lent the means of access.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against Defendants and U

1. internal investigation reports (related to CCTV photographs and photographs of license), investigation reports (related accomplices, passport photographs and records of entry into and departure from Korea), investigation reports (related accomplices, passport photographs and records of entry into and departure from Korea), investigation reports (related to suspect A's statement), investigation reports (related to the suspect A's phone statement), investigation reports (in addition to relevant accomplice's transfer documents and copies of sent documents of the case of the Msan-dong Police Station's case attached to each relevant accomplice's transfer report - A's transfer records) and investigation reports (including copies of the judgment attached to the

1. On the screen of each gambling site (H, D, each seizure warrant data reply, A entry or departure record, and account statement;

Application of Statutes

1. Article applicable to criminal facts;

○ Defendant A: Article 47 Subparag. 2 and Article 26(1) of the National Sports Promotion Act, Article 30 of the Criminal Act (a similar act), Articles 247 and 30 of the Criminal Act (a point of opening a gambling space)

○ Defendant B: Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act

1. Commercial competition;

○ Defendant A: Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

○ Defendants: The Defendants’ choice of imprisonment

1. Suspension of execution;

○ Defendants: Article 62(1) of the Criminal Act

1. Social service order;

○ Defendants: each of the Defendants under Article 62-2 of the Criminal Act

1. Additional collection:

○ Defendant A: Article 51(3) and (1) of the National Sports Promotion Act

1. Order of provisional payment;

○ Defendant A: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

○ Defendant A

The crime of this case is an offense that encourages the general public to commit an excessive speculative spirit and undermines sound will to be punished with severe social harm, and the Defendant committed the crime of this case while staying in China and Vietnam, and the participation period and the import during the period of the crime, etc. are disadvantageous circumstances. However, the Defendant is against the recognition of the crime of this case, and there is no past record of criminal punishment, the Defendant’s role in the crime of this case, the balance between the punishment of the accomplices of this case and the punishment of the crime of this case, the Defendant’s age, motive or circumstance of the crime, means and method of the crime, the contents, and the circumstances after the crime, etc. shall be determined as ordered by taking full account of all the following factors:

○ Defendant B

The crime of transferring and lending means of access under the Electronic Financial Transactions Act is not good enough to be used for other crimes, such as Bosing or operating an illegal gambling site, and in fact, the account offered as a result of the instant crime was used in the operation of the illegal gambling site. In addition, the profits earned by the Defendant from the transfer of means of access reaches KRW 7 million. However, the Defendant is against the recognition of the instant crime, and there is no record of punishment for the same crime, and the Defendant’s age, motive or circumstance of the criminal act, means and method of the criminal act, details and consequence, etc. shall be determined as ordered by taking into account all the following factors: the Defendant’s age, motive and circumstance of the criminal act, the method and method of the crime

Judge Kim Jae-soo

A person shall be appointed.