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

(b) Opening of gambling spaces;

(c) Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment.

1.(a)(c) A (82-1)

2.(a) B (83-1)

3.(a)(b) C (87-1)

4.(a)(c) D (95-1)

5.(a)(c) E (91-1)

6.(a)F (82-1)

7.(a) G (95-1)

8. A. b. H (95-1)

19.(a) I (86-1)

10.(a)(b) J (85-1)

1.(a)K (82-1)

April 8, 2021

Defendant A shall be punished by imprisonment for a term of five years, two years and six months, by imprisonment for a term of three years, by imprisonment for a term of three years, by Defendant D, and by imprisonment for a term of two years and six months for each crime committed before May 2, 2020 by Defendant E, and by imprisonment for a term of one year and one year, by imprisonment for a term of two years, by Defendant F, and G after May 2, 2020, by imprisonment for each of the crimes committed after May 2, 202, by imprisonment for a term of one year, by Defendant H, and I, by imprisonment for a term of one year, by a term of six months, by a court

However, from the date this judgment became final and conclusive, the enforcement of each of the above sentence shall be suspended for two years against Defendant H, I, J, and K.

Defendant H, I, J, and K are subject to probation, and Defendant H and I order each 160 hours of probation, Defendant J and K to provide community service for 120 hours of time.

Nos. 23 through 26, 9, 11 through 13, 16, and 27, 51 through 55, 66, 68, 70 through 72, 74, 77, 78, 80 through 94, 46, 48, and 49, 36 through 40 from Defendant F, 34, 35, 29, 29, and 30 from Defendant H from Defendant H, and 34, 35, 29, and 30, respectively.

KRW 3,208,174,022 from Defendant A, KRW 102,00 from Defendant C, KRW 114,00,00 from Defendant C, KRW 132,931,00 from Defendant D, KRW 232,693,616 from Defendant E, KRW 83,95,00 from Defendant F, KRW 82,953,00 from Defendant G, KRW 36,80,000 from Defendant H, KRW 35,00,00 from Defendant I, KRW 5,00,00 from Defendant Justice, and KRW 8,50,000 from Defendant K, respectively.

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

Criminal facts

【Criminal Power】

Defendant E was sentenced to one year of suspension of execution on April 24, 2020 by imprisonment with prison labor for committing a crime of capital flight at the Seoul Central District Court on March 24, 2020, and the said judgment became final and conclusive on May 2, 2020 and is currently under suspension of execution.

On August 22, 2018, Defendant K was sentenced to two years of suspension of execution for one year of imprisonment with labor for a crime of violating the National Sports Promotion Act (Gambling, etc.), etc. at the Sungwon District Court's Sung-nam branch on August 22, 2018, and the said judgment was finalized on August 30, 20

【Criminal Facts】

【Roles of Defendant】

Defendant A plans to operate an illegal sports gambling site and instructs the operation of the gambling site, etc. Defendant B is a person who interferes with employees necessary for the operation of the gambling site or plays a role in seeking a so-called large phone distribution account. Defendant C withdraws criminal proceeds and delivers them to Defendant A; Defendant C is a person who prepares a crime office or operates a website publicity office; the rest of the Defendants are those who perform duties, such as entry of the rate of distribution of sports games and the results of games, deposit and exchange, members, and the management of the website at the crime office.

【Criminal Facts】

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall provide property or property benefits to persons who correctly predicted the result by issuing sports betting tickets or similar things, and no person shall establish a space for gambling for profit.

1. Establishment of gambling spaces (gambling places, etc.) and gambling spaces relating to the gambling sites of Defendant A, Defendant C, and Defendant E - New World (wesd32.com)

From November 19, 2012 to March 2015, the Defendants established a computer, etc. by providing each office in a remote area from April 2015 to September 22, 2017, and opened an illegal sports gambling site, 'wesd32.com'. After receiving money for gambling from many unspecified members who joined the above site to deposit it in an inorganic account, the Defendants made members to purchase cyber money for the result of the sports games, such as 'Swesd32.com', and 'Swesd32.com', the Defendants established a space for gambling for the said period.

As a result, Defendants conspired to offer property or property benefits to persons who correctly predicted the outcome by issuing sports betting tickets or similar things, and at the same time opened a space for gambling for profit-making purposes (Provided, That Defendant C participated from October 26, 2013 to June 11, 2015, and Defendant E from September 30, 2016 to February 10, 2017).

2. Establishment of a place for gambling (gambling, etc.) and a place for gambling in relation to the gambling site "National Sports Promotion Act (mthth-119.com, mt-365.com, mto-to-beu.com)", Defendant A, Defendant D, Defendant E, Defendant J, and Defendant K's joint criminal conduct

From September 23, 2017 to October 12, 2018, the Defendants opened an illegal sports gambling site called 'mthth-119.com, mt-365.com, mto-to-yu.com', and deposited gambling money from many unspecified members who joined the above site to LAF account, and made the members deposit it with LAF money, and let the members do the betting amount on the result of the sports games, such as 'sports match' and 'acquisition difference' posted on the above site. According to the results of the games, the Defendants paid mth-19.com, mt-36.35 billion won and 29.375 billion won and 96.375 billion won and 96.375 billion won and 29.5 billion won and 96.375 billion won as shown in the attached list of crimes, in a way of recovering the amount of betting amount to members who did not pay the betting amount.

As a result, Defendants conspired to offer property or property benefits to persons who correctly predicted the result by issuing sports betting tickets or similar things, and at the same time opened a space for gambling for profit (Provided, That from October 4, 2017 to October 12, 2018; Defendant D from October 15, 2017 to October 12, 2018; Defendant E from January 23, 2018 to October 12, 2018; Defendant J from November 1, 2017 to January 22, 2018; and Defendant K from December 27, 2017 to March 27, 2018).

3. The co-principal activities of Defendant A, Defendant C, Defendant D, Defendant E, Defendant F, Defendant G, Defendant H, Defendant I, and Defendant I - E-sports (sp69.com), 'betcc.com', 'betc.com', 'bc.com' (bc.C. 80.com) related to gambling sites, and the establishment of gambling spaces.

From October 13, 2018 to the end of February 2019, the Defendants paid the amount of cyber betting to 3rd or lower in Gwangju City, from March 2019 to March 2020, to 3rd in China, from March 2020 to March 20, 2020, from Seoul Gangnam-gu, apartment 00 Dong 000 to September 20, 2020, from September 21, 2020 to 3rd in Seoul, from 400 Dong 00 to 400, from 500 to 200, from 3rd in Seoul, to 500 to 3rd in 200 in 20 in 200, to 3rd in 200 in 2nd in 2nd in 2nd in 2nd in 200, to 3rd in 2nd in 2nd in 2nd in 3rd in 2nd in 2nd in 2019.

Accordingly, the Defendants conspired to offer property or property interest to a person who correctly predicted the result by issuing sports betting tickets or similar things, and at the same time opened a space for gambling for profit (Provided, That from May 2019 to October 12, 2020, Defendant C participated from April 4, 2019 to October 12, 2020; Defendant G from March 6, 2019 to October 12, 2020; Defendant H from January 16, 2020 to October 12, 2020; and Defendant I participated from March 2020 to October 12, 2020).

4. Defendant A, Defendant D, and Defendant E’s joint criminal conduct - Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment

No person shall disguise or conceal the facts concerning the acquisition or disposal of any proceeds of crime, such as property generated by a criminal act corresponding to a serious crime or property acquired as remuneration for such criminal act.

(a) relation to gambling sites "mth-119.com, mt-365.com, mto-tou.com"

From September 23, 2017 to operate a gambling site "mth-119.com, mt-365.com, mto-to-yu.com", the Defendants, who received the money from the gambling account and transferred it to the borrowed-name account without the substance of the transaction, are likely to conceal the fact about the acquisition and disposition of criminal proceeds;

(N) From November 7, 2017 to May 4, 2018, the 538 KFC transferred total of KRW 972,396,571 to the NACF’s account, including the transfer of KRW 572,396,571 in total, from September 23, 2017 to October 12, 2018, the sum of KRW 27,943,686,752 in total over 15,41 times from September 23, 2017 to October 12, 2018, pretended and concealed the fact regarding the acquisition of criminal proceeds.

(b) relation to gambling sites, 'e-sports (P699.com), 'betc.com', 'bc.com' (bc.C. 0080.com)

From October 13, 2018 to the Internet gambling site, the Defendants operated gambling sites, such as 178,971,00 won, b.C.com, and b.080.com, and transferred Do money to the borrowed-name account with no substance of the transaction after receiving it from Docf080.com, to the 3.45 days from March 14, 2019 to April 5, 2019, and transferred KRW 178,971,00 in total from 104 to 204, 204, 2019 to 204.4, 205, 204, including the transfer of money to the 4.5 days from 205 to 4.5 days from 207, 2019 to 4.5 days from 204 to 204, 204, 2019.

Summary of Evidence

[Defendant D] In regard to the violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment as stated in Paragraph 4 of the holding, he or she asserted that he or she did not have any fact in collusion with Defendant A and E.

According to the above evidence, the defendant Eul divided the defendant Eul and team into the main office at night, the defendant Eul plays a role of transferring the Do money deposited from the members from the charge account at night to the concealment account called so-called so-called "the back-called" account from the charge account under the defendant Eul's instruction, the deposit account at which the Do money is deposited is changed from time to time to time with the face-to-face account, and the defendant D used the face-to-face account at the prosecutor's investigation and stated that it was used for the purpose of avoiding the tracking of the investigation agency. Considering the above facts, it is reasonable to view that the defendant D, in collusion with the defendant Eul and the E, has concealed the fact that the acquisition of criminal proceeds by transferring the Do money which is criminal proceeds to the borrowed account. The defendant D's assertion is without merit.

Application of Statutes

1. Article applicable to criminal facts;

○ Defendant A, D, and E: Articles 47 subparag. 2 and 26(1) of the National Sports Promotion Act; Article 30 of the Criminal Act; Articles 247 and 30 of the Criminal Act; Article 3(1)1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds; Article 30 of the Criminal Act (the point of a clinic for criminal proceeds)

○ Defendant B, C, F, G, H, I, and J: Subparagraph 2 of Article 47 of the National Sports Promotion Act; Article 26(1) of the Criminal Act; Article 30 of the Criminal Act; Articles 247 and 30 of the Criminal Act (a point of opening gambling spaces);

1. Commercial competition;

○ Defendants: Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

○ Defendants: The Defendants’ choice of imprisonment

1. Handling concurrent crimes;

○ Defendant E and K: the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

○ Defendant H, I, J, and K: Article 62(1) of each Criminal Code

1. Probation and community service order;

○ Defendant H, I, J, and K: each Criminal Code Article 62-2

1. Confiscation;

○ Defendant A: Article 48(1) of the Criminal Act

Defendant B, C, D, E, F, G, H, and I: Article 8(1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds and Article 48(1) of the Criminal Act

1. Additional collection:

○ Defendants: Articles 8(1) and 10(1) of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds [Defendant D, G, and J shall not be limited to employees and the amount of employee’s benefits shall be deemed to be the cost that Defendant A incurred in order to obtain criminal proceeds. Thus, Defendant D, G, and J shall not be additionally collected from Defendant D, G, and J.

According to Article 2 subparag. 1(g) and 46 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, which is the basis law of the collection of this case, the crime of violation of the National Sports Promotion Act (Opening of Gambling), the crime of opening gambling space under the Criminal Act constitutes serious crimes under the above Act. According to Article 2 subparag. 2(a) of the above Act, the "property acquired as remuneration for heavy crimes" refers to criminal proceeds. According to Articles 8(1)1 and 10(1) of the above Act, criminal proceeds can be confiscated, and if it is deemed that it is impossible or inappropriate to confiscate the property, the equivalent value can be collected. Considering that the crime of violation of the National Sports Promotion Act (Opening of G), and the crime of opening gambling space, which are co-principals of the crime of violation of the National Sports Promotion Act (Opening of G, and the crime of opening of gambling space), it usually takes core roles such as gambling site and management of members, even if paid in the form of benefits not in the form of share, it appears to have been paid for the amount of benefits.

1. Order of provisional payment;

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

Reasons for sentencing

The Defendants operated the Internet gambling site by sharing their roles systematically. The crime is likely to cause the following crimes and social damage by encouraging the gambling spirit of the general public and inducing excessive debts due to gambling, as well as the social harm caused by the crime, such as the acquisition of easily excessive excessive prices with criminal proceeds and impeding sound labor awareness, and thus, the Defendants should be subject to strict punishment and liability corresponding to the crime.

Defendant A has overall control over the operation of each gambling site of this case, led organized crimes for about eight years, and the amount of money exceeds KRW 1,00,000,000, and most of the crimes were committed overseas to avoid crackdowns, and concealed criminal proceeds using a borrowed account; Defendant B and C have been in charge of the operation of the gambling site of this case; Defendant D and E have been in charge of the operation of the gambling site of this case for three years; Defendant D and E play a key role including concealment of criminal proceeds; Defendant F and G have served as the head of the gambling site management; Defendant F and G have been in charge of gambling site management for more than one year; Defendant H, I, J, and K have been in charge of simple division of duties for less than one year; Defendant B and C have been in charge of the preparation of crime-related offices; preparation of crime-related offices; withdrawal and delivery of criminal proceeds; and Defendant D and E have served as the head of the gambling site management; and Defendant D and E play a key role including concealment of criminal proceeds.

Judges Fixed-Term