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(영문) 의정부지방법원 고양지원 2014.08.21 2014고단1386
국민체육진흥법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

In accordance with the facts found through the evidence investigated by this Court, some of the indictments were amended.

1. Defendant A

A. The Defendant violated the National Sports Promotion Act: (a) placed an advertisement on sports competitions with a view to receiving a high rate of distribution from many unspecified persons who view various domestic and foreign sports games via the Internet; (b) opened a “D” site; and recruited its members; and (c) granted dividends in accordance with the predetermined dividend rate to the members who correctly predicted the sports games; and (d) exchanged dividends in exchange for them.

From May 14, 2014 to June 23, 2014, the Defendant: (a) leased a building E-dong 1115 in Seongbuk-gu, Sungnam-si for the purpose of office; (b) opened a foreign server in preparation for regulating the said gambling site; and (c) opened the said gambling site; and (d) deposited money with the bank account [one Bank account G, B, one Bank Account H, one Bank Account H, K, K, and K Bank Account L] against the members visiting the said site; and (c) deposited money with the bank account [the one Bank Account G, B, one Bank Account H, one Bank Account H, one Bank Bank Account H, and one Bank Account J, K, and one Bank Account L]; and (d) paid dividends according to the pre-determined dividend rate to the members, and operated the said gambling site by exchanging the money if a member wishes.

[Specificly, the Defendant received a total of KRW 288,428,856 as indicated in the attached list of crimes (one bank) and deposited KRW 287,839,473 as indicated in the attached list of crimes (Korean bank). Accordingly, even if the Defendant is not the Korea Sports Promotion Corporation or the entrusted business entity, it provided property benefits to a person who issued things similar to the sports promotion betting tickets and issued them by an information and communications network.

B. The Defendant, as described in paragraph (1), gambled a private sports soil.

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