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(영문) 광주지방법원 순천지원 2016.12.15 2016고단1102
국민체육진흥법위반(도박개장등)등
Text

A defendant shall be punished by imprisonment for one year.

The evidence seized by the defendant shall be confiscated as provided for in subparagraphs 1 through 12.

Reasons

Punishment of the crime

Since the facts charged by the defendant are limited to the facts charged by the defendant, there is no possibility of disadvantage to the defendant's right of defense, and it is recognized ex officio without changing the indictment.

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall issue sports betting tickets or similar things (including the issuance thereof by means of information and communications networks) and provide property or financial benefits to persons who win at the betting.

Nevertheless, the Defendant, along with G and D, expressed his mind to open and operate the Internet sports entertainment site with a server in a foreign country, and the Defendant, as a total management policy, shared with the role of fund management necessary for the operation of the gambling place, the preparation of a large passbook and a largephone, the solicitation of total tickets, C and D, as a local management policy in a foreign country, such as recruitment of employees, sports registration necessary for the site operation, the management of sports betting details, and the management of employees.

From December 2, 2015 to June 1, 2016, the Defendant opened an gambling site at a large number of addresses, such as “F”, “G”, “H”, and “I, with a view to having members recruited a large number of members through the Kakao Stockholm and text messages, and had members receive money from the Defendant’s account for the result of the sports games at a maximum of KRW 5,000 to KRW 1,00,000 at one time, and paid dividends in accordance with the dividend rate, if the result is less than the following: (a) the Defendant operated the gambling site; (b) the Defendant received dividends in total from members during the said period; and (c) the Defendant paid dividends to members of the 731,051,463 won.

Accordingly, the Defendant provided property or property benefits to a person who correctly predicted the result by issuing sports betting tickets or similar things, at the same time.

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