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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Presumption Facts] A site (from April 19, 2019 to October 23, 2019) or C site (from October 24, 2019 to May 2019) is a site where the “FX M&D investment” that realizes profit by means of purchase or sale marginal profit of the English Lb (GBP) and Australia (AUD) is the site, and is a site where the winning and loss are determined by chance, which is not entirely related to the actual “FX M&D investment.”
The above site predicted whether its members would raise the equivalent value (GBP/AUD) of the English Lb. (GBP/AUD) for Australia and selected one of the two minutes each, and then the transaction is terminated when the other party's value has increased or decreased to 0.002, and if the result has been negative, the above site operator would pay 12% of the betting amount to its head office (4%, total number of 1%, 1%, branch office, 6%) from 2 times the betting amount to 12% of the sales amount (the betting amount) to 1.88% of the sales amount (the sales amount) to the members, and if the result is not significant, the above site operator would bring about the total amount of the betting amount.
[2] On September 1, 2019, the Defendant entered into a franchise agreement with D as a person in charge of soliciting the above site's branch offices and branch offices at the B office located in Gyeonggi-si, and agreed that 6% of the betting amount shall be paid as a member fee in the event that members of the above branch office operated by the Defendant enter the above site and set up the result by betting money as to whether the relative value of Australia increases or drops by 0.002.
The Defendant, as the head of the branch office of the above branch office from December 9, 2019 to May 15, 2020, operated the above branch office with the responsibility to publicize the site to the surrounding people and hear the membership (morbling actor) and recruit, etc. according to the above contract, while operating the above branch office.