2014 Highest 1905 Ga. Violation of the National Sports Promotion Act

(b) Gambling places;

C. Violation of the Electronic Financial Transactions Act

1. (a) A;

2. (a) B

3. (a)(b) C.

4. (a)(b) D

5. (a)(b) E

6.(a)(b) F

7. (a) G.

8. C. H

J. D. (Filing Prosecutions) and transfer (Public Trial)

Attorney Kim Ma-ok (for Defendant A)

September 17, 2014

Defendant A’s imprisonment of two years, and Defendant B’s imprisonment of eight months, respectively, shall be punished by a fine of three thousand won,00,000 won, for each of the offenses against Defendant C, D, E, F, G, and H.

Defendant C, D, E, F, G, and H fail to pay the above fine, the above Defendants shall be confined in the Nowon-gu for a period calculated by converting KRW 100,000 into one day.

However, with respect to Defendant B, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

To order Defendant B to provide community service for 80 hours.

320,000,000 won shall be collected from Defendant A.

Defendant C, D, E, F, G, and H order the provisional payment of an amount equivalent to the above fines.

Facts of crime

1. Defendants A, B, C, Defendant D, Defendant E, Defendant F, and Defendant G’s conspiracys

A. The criminal defendant A through the operation of the "I" site is an operator of the I site, which is an illegal sports soil entertainment site, and the defendant B, the defendant C, and the J are employees in charge of inviting members, managing the site, charging the betting amount, and refunding the betting amount.

No person, other than the Seoul Olympic Sports Promotion Foundation and a trustee, shall provide property or financial benefits to persons who win up sports betting tickets (one-day sports competition) or similar things.

Nevertheless, the Defendants opened an account in collusion with J, from July 1, 2013 to November 10, 2013, F, which is an illegal sports soil site in Sungwon-gu, Sungwon-si, Sungwon-si, and opened an account to be used in committing a crime under Defendant B’s name (252- - 29867- - 261 - **) and MB Bank (Account Number: 504910-197****) with money from the members of the above site, provided that all members of the above site with predicted the result of such opening and received money from the members of the sports games, such as so far as they received money from the members of the above site for a certain amount of 8 billion won and received money from the members at least 5,00 won per time to 1,00,000 won and then deducted money from the sports betting, and provided them with an amount of money equivalent to 30 billion won and more from the members.

B. Defendant A is an operator of the N site (O), which is an illegal sports soil entertainment site, and Defendant B, Defendant D, Defendant E, Defendant F, and Defendant G are employees in charge of recruitment of members, site management, charge of betting amount and refund.

Defendant A, who closed the F site referred to in the above 1.1., had been able to continuously operate the illegal sports soil site by moving the place to the Thailand, and the Defendants conspired with each other, from January 20, 2014 to 2014.

6. By 13.14 up to 13. the above K building 504 and Thailand P, an office is opened, which is an illegal sports soil site, and H Q2 (352-4185- - 943- * *443) as an account to be used in the crime, the Bank (12 - 2081- - 52 *****), the Bank (902- 1568- - 8**) and the Bank (62318**) opened an account, and opened an account, which is an illegal sports soil site, and made 0.0 won out of the betting amount available for profit by having it receive the above money from its members, and made 10.5 billion won out of the betting amount available for profit-making, and made 0.5 billion won out of the betting amount available for profit-making, and made 10.5 billion won out of the betting amount available for profit-making by having them hold the betting.

2. Defendant H

Except as otherwise expressly provided for in other Acts, no person may transfer or take over the means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details. However, on March 2014, the Defendant transferred to A the passbook and cash card in the name of the Defendant (352-4185 - 943- * ** 112-2081-52 *** * * *) bank in the name of the Defendant at the same place as a patrolman on March 2014 (902-1568-8 * *) bank in the name of the Defendant (1568 *), X bank (6318**) and cash card.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Each investigation report (referring to the analysis of account details);

1. A detailed statement of accounts operated on each website;

Application of Statutes

1. Article applicable to criminal facts;

Defendant 1 through 7: Article 47 Subparag. 1 and Article 26(1) of the former National Sports Promotion Act (amended by Act No. 12348); Article 30 of the Criminal Act (the issuance of similar sports promotion betting tickets); Articles 247 and 30 (the occupation of gambling place) of the Criminal Act; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act

1. Selection of punishment;

Defendant 1 and 2: Selection of imprisonment

Defendant 3 through 8: Determination of a fine

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Detention in a workhouse;

Defendant 3 through 8: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant B: Article 62(1) of the Criminal Act (Article 62(1) does not have any particular criminal history, and taking into account the fact that the degree of commission of crime is minor)

1. Social service order;

Defendant B: Article 62-2 of the Criminal Act

1. Collection;

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

1. Order of provisional payment;

Defendant 3 through 8: Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A)

In the course of the crime of this case, a large amount of money that the defendant received from members in the amount of betting amount reaches approximately KRW 3.8 billion and KRW 2.5 billion, the profits that the defendant earned from the crime of this case are about KRW 320,000,000,000, which is not a large amount of money, and other factors such as the criminal records of the defendant, the circumstances of the crime of this case, etc.,

Judges Jeong Jin-won