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(영문) 서울남부지방법원 2018.09.14 2018고정793
복권및복권기금법위반
Text

Defendant

A shall be punished by a fine for negligence of 500,000 won, and by a fine of 3,00,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who has entered into a lottery ticket sales contract with a lottery business operator online, and the defendant B is a person who sells a lottery ticket on behalf of the defendant A.

No one shall sell lottery tickets online for profit by a lottery business operator and any person who fails to conclude a contract for the sale of lottery tickets online.

Nevertheless, from April 30, 2016 to September 4, 2017, the Defendants entered into a contract with “D” located in Yangcheon-gu Seoul Metropolitan Government as if Defendant A was employed by Defendant B as an employee to sell lottery tickets motototo. The fact is that Defendant B, instead of Defendant A, manages lottery tickets sales proceeds, deducts the relevant expenses, such as taxes, etc., and gets profits remaining after deducting them. Defendant A, upon receiving KRW 200,000 from Defendant B, operated this moto sales in a manner that does not participate at all in the above moto sales. Defendant A, who did not enter into an employment contract with Defendant A, sold lottery tickets moto.

As a result, the Defendants conspired to sell online lottery tickets for profit without concluding a contract on the sale of lottery tickets with lottery business operators.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Part of each protocol concerning the interrogation of suspect against the Defendants

1. Requests to conduct an on-line inspection of lottery ticket sales stores in violation of the Lottery Tickets Act, and the application of statutes confirming the inspection of lottery ticket sales stores;

1. Relevant Article 34 (3) 2 and 6 (1) of the Lottery Tickets Act, the choice of punishment, and the selection of fines for the crime; Articles 34 (3) 2 and 6 of the Lottery Tickets Act; Article 30 of the Criminal Act; and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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